A-82176, DECEMBER 12, 1936, 16 COMP. GEN. 577

A-82176: Dec 12, 1936

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ARE FOR APPLICATION IRRESPECTIVE OF WHERE THE CORPORATE LIMITS OF A CITY OR TOWN MAY BE. WHERE THE PLACE VISITED ON OFFICIAL BUSINESS IS MORE THAN TWO MILES FROM THE TRAVELER'S OFFICE OR LIVING QUARTERS. NOTWITHSTANDING SUCH LIMITS ARE CLOSER THAN TWO MILES TO HIS OFFICE OR LIVING QUARTERS. AS FOLLOWS: SEVERAL QUESTIONS HAVE ARISEN RELATIVE TO THE INTERPRETATION OF PARAGRAPH 3 OF THE STANDARD GOVERNMENT TRAVEL REGULATIONS. IT IS REQUESTED THAT YOU FURNISH THIS DEPARTMENT AN INTERPRETATIVE RULING AS TO WHETHER THE ABOVE PROVISIONS ARE INTENDED TO APPLY TO ALL TRAVEL REGARDLESS OF WHETHER THE ABOVE PROVISIONS ARE INTENDED TO APPLY TO ALL TRAVEL REGARDLESS OF WHETHER THE OFFICE OR THE LIVING QUARTERS OF THE EMPLOYEE IS LOCATED WITHIN THE LIMITS OF A CORPORATE DUTY OR TOWN.

A-82176, DECEMBER 12, 1936, 16 COMP. GEN. 577

MILEAGE - TRAVEL BY PRIVATELY-OWNED AUTOMOBILE - CORPORATE LIMITS OF CITIES AND TOWNS THE WORDS "BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY," AS USED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ARE FOR APPLICATION IRRESPECTIVE OF WHERE THE CORPORATE LIMITS OF A CITY OR TOWN MAY BE, BUT WHERE THE PLACE VISITED ON OFFICIAL BUSINESS IS MORE THAN TWO MILES FROM THE TRAVELER'S OFFICE OR LIVING QUARTERS, MILEAGE MAY BE PAID FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE FOR THE DISTANCE TRAVELED BEYOND THE CORPORATE LIMITS, NOTWITHSTANDING SUCH LIMITS ARE CLOSER THAN TWO MILES TO HIS OFFICE OR LIVING QUARTERS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, DEC. 12, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 2, 1936, AS FOLLOWS:

SEVERAL QUESTIONS HAVE ARISEN RELATIVE TO THE INTERPRETATION OF PARAGRAPH 3 OF THE STANDARD GOVERNMENT TRAVEL REGULATIONS, BECAUSE OF THE FOLLOWING PHRASE:

"* * * BUT IN NO CASE SHALL A PLACE WITHIN TWO MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY.'

IT IS REQUESTED THAT YOU FURNISH THIS DEPARTMENT AN INTERPRETATIVE RULING AS TO WHETHER THE ABOVE PROVISIONS ARE INTENDED TO APPLY TO ALL TRAVEL REGARDLESS OF WHETHER THE ABOVE PROVISIONS ARE INTENDED TO APPLY TO ALL TRAVEL REGARDLESS OF WHETHER THE OFFICE OR THE LIVING QUARTERS OF THE EMPLOYEE IS LOCATED WITHIN THE LIMITS OF A CORPORATE DUTY OR TOWN. SPECIFICALLY, AN EMPLOYEE IS ASSIGNED TO DUTY AT KNOXVILLE, TENNESSEE, HIS OFFICE BEING LOCATED ONE MILE WITHIN THE CITY LIMITS. IN CONNECTION WITH HIS OFFICIAL WORK HE OPERATES HIS PERSONALLY-OWNED AUTOMOBILE ON A TRIP TO A TOWN 20 MILES DISTANT FROM THE KNOXVILLE CITY LIMITS. IN CLAIMING MILEAGE FOR THE ROUND TRIP IS HE ENTITLED TO CLAIM 40 MILES, THE DISTANCE FROM THE KNOXVILLE CITY LIMITS TO HIS DESTINATION AND RETURN, OR MAY HE CLAIM ONLY 38 MILES?

PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

OFFICIAL STATION--- POST OF DUTY.--- DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY.

THE LANGUAGE QUOTED IN YOUR SUBMISSION FROM THE ABOVE PARAGRAPH IS FOR APPLICATION ONLY WHEN THE PLACE VISITED ON OFFICIAL BUSINESS IS WITHIN 2 MILES OF THE TRAVELER'S OFFICE OR LIVING QUARTERS AND IN SUCH CASES IS FOR APPLICATION IRRESPECTIVE OF WHERE THE CORPORATE LIMITS OF THE CITY OR TOWN MAY BE. HOWEVER, WHERE THE PLACE VISITED ON OFFICIAL BUSINESS IS MORE THAN 2 MILES FROM THE TRAVELER'S OFFICE OR LIVING QUARTERS HE MAY IN A PROPER CASE BE PAID MILEAGE FOR THE USE OF HIS PERSONALLY-OWNED AUTOMOBILE FOR THE DISTANCE TRAVELED BEYOND THE CORPORATE OR OTHER LIMITS OF THE CITY OR TOWN NOTWITHSTANDING THAT SUCH LIMITS MAY BE CLOSER THAN 2 MILES TO HIS OFFICE OR LIVING QUARTERS.