B-113177, JANUARY 29, 1953, 32 COMP. GEN. 342

B-113177: Jan 29, 1953

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1953: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 26. REQUESTING DECISION WHETHER PAYMENTS ARE AUTHORIZED UPON THE TWO VOUCHERS THEREWITH TRANSMITTED. - STATING THAT "DEPENDENTS WILL FOLLOW AT A LATER DATE.'. IT IS REPRESENTED THAT BECAUSE OF ILLNESS. ONE OF HIS DEPENDENTS WAS REQUIRED TO TRAVEL IN A RECLINING POSITION. IT WAS HELD QUOTING FROM THE SYLLABUS: UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9805. UNLESS IT BE SHOWN THAT TRANSPORTATION IN THE ONE WAS NOT FEASIBLE. IN THE PRESENT CASE THERE APPEARS TO HAVE BEEN A NECESSITY FOR THE USE OF TWO AUTOMOBILES. IF THE COMMON CARRIER COSTS ARE PROPERLY STATED ON THE TWO VOUCHERS AS EXCEEDING THE MILEAGE CLAIMED FOR THE USE OF TWO AUTOMOBILES.

B-113177, JANUARY 29, 1953, 32 COMP. GEN. 342

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - DEPENDENTS - USE OF MORE THAN ONE AUTOMOBILE A TRANSFERRED EMPLOYEE WHO TRANSPORTED DEPENDENTS TO HIS NEW PERMANENT DUTY STATION IN TWO AUTOMOBILES BECAUSE ILLNESS REQUIRED ONE DEPENDENT TO TRAVEL IN A RECLINING POSITION, THEREBY MAKING THE USE OF TWO AUTOMOBILES ESSENTIAL, MAY BE ALLOWED MILEAGE FOR THE USE OF BOTH AUTOMOBILES, UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDED THE MILEAGE COST OF TRANSPORTATION FOR THE DEPENDENTS BY TWO AUTOMOBILES DOES NOT EXCEED THE COST OF THEIR TRANSPORTATION BY COMMON CARRIER.

ACTING COMPTROLLER GENERAL YATES TO COL. E. O. LEE, DEPARTMENT OF THE ARMY, JANUARY 29, 1953:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 26, 1952 ( FINKE-R. 248.7), FORWARDED BY FIRST ENDORSEMENT OF DECEMBER 12, 1952, FROM THE OFFICE OF CHIEF OF FINANCE, REQUESTING DECISION WHETHER PAYMENTS ARE AUTHORIZED UPON THE TWO VOUCHERS THEREWITH TRANSMITTED, BOTH IN FAVOR OF RALPH H. KEAGY IN THE RESPECTIVE AMOUNTS OF $172, AND $138.25, REPRESENTING MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILES BETWEEN FORT PECK, MONTANA AND RICHMOND, VIRGINIA, BY THE CLAIMANT AND HIS DEPENDENTS.

TRAVEL ORDER ISSUED JUNE 27, 1952, DIRECTED MR. KEAGY TO MAKE A CHANGE OF OFFICIAL STATION FROM FORT PECK, MONTANA, TO RICHMOND, VIRGINIA, AND AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT .07 PER MILE FOR HIMSELF AND ALSO FOR HIS DEPENDENTS--- A WIFE AND THREE CHILDREN NAMED THEREIN--- STATING THAT "DEPENDENTS WILL FOLLOW AT A LATER DATE.' THE TRAVEL ORDER LIMITED REIMBURSEMENT TO COST BY COMMON CARRIER. IT IS REPRESENTED THAT BECAUSE OF ILLNESS, ONE OF HIS DEPENDENTS WAS REQUIRED TO TRAVEL IN A RECLINING POSITION, MAKING THE USE OF TWO AUTOMOBILES ESSENTIAL.

IN 27 COMP. GEN. 57, REFERRED TO BY YOU, IT WAS HELD QUOTING FROM THE SYLLABUS:

UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT TO SECTION 1 (A) OF THE ACT OF AUGUST 2, 1946, RELATING TO THE PAYMENT OF MILEAGE FOR THE TRAVEL OF EMPLOYEES' DEPENDENTS BY PRIVATELY OWNED AUTOMOBILE ON CHANGE OF STATION, MILEAGE MAY BE ALLOWED FOR THE USE OF ONE AUTOMOBILE, ONLY, UNLESS IT BE SHOWN THAT TRANSPORTATION IN THE ONE WAS NOT FEASIBLE, EVEN THOUGH THE COST OF TRANSPORTATION FOR THE ENTIRE FAMILY BY RAIL WOULD EXCEED THE AGGREGATE AMOUNT OF MILEAGE FOR THE USE OF MORE THAN ONE AUTOMOBILE.

IN THE PRESENT CASE THERE APPEARS TO HAVE BEEN A NECESSITY FOR THE USE OF TWO AUTOMOBILES. ACCORDINGLY, IF THE COMMON CARRIER COSTS ARE PROPERLY STATED ON THE TWO VOUCHERS AS EXCEEDING THE MILEAGE CLAIMED FOR THE USE OF TWO AUTOMOBILES, PAYMENTS UPON THE VOUCHERS APPEAR PROPER. THE TWO VOUCHERS ARE RETURNED HEREWITH.