B-101122, MAR 14, 1951

B-101122, MAR 14, 1951

PRECIS-UNAVAILABLE

MRS. VIVIAN MACMURRAY, AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 29, 1951, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TWO VOUCHERS THEREWITH TRANSMITTED IN FAVOR OF EUGENE H. CARTER, ONE FOR $14.10 AS MILEAGE AT 6 CENTS PER MILE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE FOR THE TRANSPORTATION OF HIMSELF AND FAMILY BETWEEN EAST LANSING, MICHIGAN, AND LAFAYETTE, INDIANA, ON DECEMBER 16, 1950; THE OTHER FOR $4, ONE-HALF DAY PER DIEM, AND $8.23 AS MILEAGE AT 31/2 CENTS PER MILE FOR THE USE OF THE SAME AUTOMOBILE DECEMBER 23, 1950, FOR THE TRANSPORTATION OF HIMSELF BETWEEN THE SAME POINTS.

THE LETTER OF AUTHORIZATION DATED DECEMBER 11, 1950, AUTHORIZED THE EMPLOYEE TO PROCEED ON OR ABOUT DECEMBER 14 FROM LANSING TO WEST LAFAYETTE, AND AUTHORIZED THE USE OF A PRIVATELY OWNED AUTOMOBILE AS MORE ADVANTAGEOUS TO THE GOVERNMENT. IT IS EXPLAINED THAT MR. CARTER'S FURNITURE WAS PICKED UP BY THE VAN COMPANY DECEMBER 15, AND THAT IN ORDER TO HAVE HIS FAMILY AT HIS NEW HEADQUARTERS WHEN THE FURNITURE ARRIVED, HE DROVE HIS WIFE AND TWO CHILDREN TO LAFAYETTE ON DECEMBER 16, FOR WHICH HE NOW CLAIMS 6 CENTS PER MILE. HE THEN RETURNED TO LANSING AT HIS OWN EXPENSE IN HIS AUTOMOBILE IN ORDER TO COMPLETE HIS DUTIES AT THAT POINT. ON DECEMBER 23 HE PROCEEDED BY AUTOMOBILE TO HIS NEW STATION AND CLAIMS 31/2 CENTS PER MILE FOR THIS TRIP.

YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE WORDING OF THE TRAVEL ORDER WHICH, IN PERTINENT PART, PROVIDES AS FOLLOWS:

"17. IN CONNECTION WITH CHANGE OF OFFICIAL STATION, EMPLOYEE WILL BE ALLOWED:

(A) EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS.

(B) EXPENSES OF TRANSPORTATION OF IMMEDIATE FAMILY.

(C) MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE, IN ACCORDANCE WITH PARAGRAPH 13 ABOVE, FOR TRANSPORTATION OF EMPLOYEE AND/OR MEMBERS OF IMMEDIATE FAMILY AT RATE INDICATED BELOW:

3.5 CENTS PER MILE WHEN AN INDIVIDUAL TRAVELS ALONE.

6 CENTS PER MILE WHEN TWO OR MORE PERSONS TRAVEL TOGETHER.

"(D) TRANSPORTATION OF IMMEDIATE MEMBERS OF EMPLOYEE'S FAMILY IS AUTHORIZED AS FOLLOWS:

MARY ANN CARTER WIFE

ALICE ELAINE CARTER DAUGHTER AGE 4 YEARS

PHILIP THOMAS CARTER SON AGE 3 YEARS

"IF THE ABOVE DEPENDENTS DO NOT TRAVEL WITH YOU IN PRIVATELY-OWNED AUTOMOBILE THEY ARE AUTHORIZED FIRST-CLASS RAIL PLUS PULLMAN CHARGES BETWEEN LANSING, MICHIGAN AND WEST LAFAYETTE, INDIANA."

THE PROVISION IN THE ORDERS THAT, IF THE DEPENDENTS DID NOT TRAVEL WITH THE EMPLOYEE IN PRIVATELY OWNED AUTOMOBILE, THEY ARE AUTHORIZED TO USE FIRST-CLASS RAIL, PLUS PULLMAN, MUST BE CONSIDERED IN CONNECTION WITH THE AUTHORITY PRECEDING IT AUTHORIZING MILEAGE FOR THE TRANSPORTATION OF THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY. IT IS THE VIEW OF THIS OFFICE THAT WHILE THE USE OF THE WORDS "WITH YOU" IN PARAGRAPH 17(D) OF THE TRAVEL ORDER CREATES A DOUBT IN THE MATTER, IT REASONABLY MAY BE CONCLUDED THAT THE FAMILY WAS AUTHORIZED TO TRAVEL BY RAIL BUT ALSO AUTHORIZED TO TRAVEL BY AUTOMOBILE EITHER WITH THE EMPLOYEE OR SEPARATELY. ACCORDINGLY, AS THE TRANSPORTATION OF THE WIFE AND TWO CHILDREN CONSTITUTE THE USE OF THE AUTOMOBILE BY TWO OR MORE PERSONS, THE FACT THAT THE HUSBAND ALSO TRAVELED WITH THEM MAY BE DISREGARDED AS THE FAMILY COULD HAVE TRAVELED ALONE. HAD THEY DONE SO THERE WOULD HAVE BEEN NO QUESTION BUT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO REIMBURSEMENT AT 6 CENTS PER MILE FOR THE FAMILY TRAVEL AND 31/2 CENTS PER MILE FOR THE SUBSEQUENT TRAVEL BY HIMSELF.

THE TWO VOUCHERS ARE RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.