A-65962, OCTOBER 15, 1935, 15 COMP. GEN. 300

A-65962: Oct 15, 1935

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IS NOT AUTHORIZED. NOTWITHSTANDING THE LODGING AND SUBSISTENCE IS FURNISHED IN KIND BY THE GOVERNMENT. THE CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL IN QUESTION WAS NOT PERFORMED UNDER ORDERS PLACING YOU IN A TRAVEL STATUS. THAT THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED WAS PERFORMED IN YOUR OWN AUTOMOBILE BETWEEN YOUR PLACE OF DUTY AND THE BARRACKS OR LIVING QUARTERS. IS AS FOLLOWS: NO APPROPRIATION AVAILABLE FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30. EXCEPT IN CASES OF MEDICAL OFFICERS ON OUT PATIENT MEDICAL SERVICES AND EXCEPT IN CASES OF OFFICERS AND EMPLOYEES ENGAGED IN FIELD WORK THE CHARACTER OF WHOSE DUTIES MAKES SUCH TRANSPORTATION NECESSARY AND THEN ONLY AS TO SUCH LATTER CASES WHEN THE SAME IS APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED.

A-65962, OCTOBER 15, 1935, 15 COMP. GEN. 300

TRAVELING EXPENSES - COAST GUARD - USE OF OWN AUTOMOBILE BETWEEN DOMICILE AND PLACE OF EMPLOYMENT REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH TRAVEL PERFORMED BY AN ENLISTED MAN OF THE COAST GUARD BETWEEN HIS PLACE OF LODGING OR SUBSISTENCE AND PLACE OF PERFORMANCE OF DUTY, IS NOT AUTHORIZED, NOTWITHSTANDING THE LODGING AND SUBSISTENCE IS FURNISHED IN KIND BY THE GOVERNMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO HOMER CANTER, UNITED STATES COAST GUARD, OCTOBER 15, 1935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT DECEMBER 7, 1934, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT FOR EXPENSES FOR GASOLINE AND OIL FOR TRAVEL PERFORMED BY AUTOMOBILE BETWEEN UNITED STATES COAST GUARD RADIO STATION BARRACKS AND THE RADIO STATION IN ST. PETERSBURG, FLA., FOR THE PERIOD JULY 1, 1933, TO MAY 31, 1934, INCLUSIVE. THE CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL IN QUESTION WAS NOT PERFORMED UNDER ORDERS PLACING YOU IN A TRAVEL STATUS.

YOU STATE, AND THE REPORT OF THE COMMANDING OFFICER SHOWS, THAT THE TRAVEL FOR WHICH REIMBURSEMENT IS CLAIMED WAS PERFORMED IN YOUR OWN AUTOMOBILE BETWEEN YOUR PLACE OF DUTY AND THE BARRACKS OR LIVING QUARTERS, BOTH POINTS BEING IN THE CITY OF ST. PETERSBURG, FLA., BUT OVER 3 MILES APART.

SECTION 3 OF THE TREASURY, POST OFFICE APPROPRIATION ACTS, FOR THE FISCAL YEARS 1934 AND 1935, 47 STAT. 1513 AND 48 ID. 450, IS AS FOLLOWS:

NO APPROPRIATION AVAILABLE FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1934, WHETHER CONTAINED IN THIS ACT OR ANY OTHER ACT, SHALL BE EXPENDED---

(B) FOR THE MAINTENANCE, OPERATION, AND REPAIR OF ANY GOVERNMENT OWNED MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE NOT USED EXCLUSIVELY FOR OFFICIAL PURPOSES; AND "OFFICIAL PURPOSES" SHALL NOT INCLUDE THE TRANSPORTATION OF OFFICERS AND EMPLOYEES BETWEEN THEIR DOMICILES AND PLACES OF EMPLOYMENT, EXCEPT IN CASES OF MEDICAL OFFICERS ON OUT PATIENT MEDICAL SERVICES AND EXCEPT IN CASES OF OFFICERS AND EMPLOYEES ENGAGED IN FIELD WORK THE CHARACTER OF WHOSE DUTIES MAKES SUCH TRANSPORTATION NECESSARY AND THEN ONLY AS TO SUCH LATTER CASES WHEN THE SAME IS APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED. THE LIMITATIONS OF THIS SUBSECTION (B) SHALL NOT APPLY TO ANY MOTOR VEHICLES FOR OFFICIAL USE OF THE PRESIDENT, OR OF THE HEADS OF THE EXECUTIVE DEPARTMENTS. * *

THIS IS A STATUTORY DECLARATION, INDEPENDENT OF THE OTHER PROVISIONS OF THE STATUTE, THAT THE TRANSPORTATION OF AN OFFICER OR EMPLOYEE BETWEEN HIS DOMICILE AND HIS PLACE OF EMPLOYMENT IS NOT TRAVEL FOR OFFICIAL PURPOSES.

THE LAW DOES NOT AUTHORIZE, NOR DOES THE APPROPRIATION COVER, EXPENSES OF THE CHARACTER INVOLVED IN YOUR CLAIM. THE LAW CONTEMPLATES THAT TRAVEL AT AN EMPLOYEE'S STATION BETWEEN HIS PLACE OF LODGING OR SUBSISTENCE AND PLACE OF PERFORMANCE OF DUTY SHALL BE BORNE BY THE EMPLOYEE, AND THE FACT THAT LODGING AND SUBSISTENCE IS FURNISHED IN KIND BY THE GOVERNMENT DOES NOT MODIFY THE RULE.

UPON REVIEW THE SETTLEMENT DISALLOWING YOUR CLAIM IS FOUND TO BE CORRECT AND MUST BE SUSTAINED.