B-114775, JUNE 17, 1953, 32 COMP. GEN. 550

B-114775, JUNE 17, 1953, 32 COMP. GEN. 550

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - JOINT TRAVEL UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AN EMPLOYEE WHO PERFORMED OFFICIAL TRAVEL IN A PRIVATE AUTOMOBILE OWNED AND OPERATED BY ANOTHER EMPLOYEE WHO WAS PAID MILEAGE FOR THE SAME TRIP MAY NOT BE REIMBURSED THE CONSTRUCTIVE COST OF FIRST-CLASS RAIL TRAVEL FOR SUCH TRIP, EVEN THOUGH THE EMPLOYEE REIMBURSED THE CAR OWNER FOR HALF THE EXPENSES INCURRED FOR THE USE OF THE AUTOMOBILE.

COMPTROLLER GENERAL WARREN TO CLYDE TAYLOR, JUNE 17, 1953:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1953, WITH ENCLOSURES, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 6, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AN AMOUNT ALLEGED TO BE DUE FOR AUTOMOBILE TRAVEL PERFORMED FROM SAN ANTONIO, TEXAS, TO FORT MONROE, VIRGINIA, AND RETURN, WHILE EMPLOYED AS BUDGET EXAMINER, HEADQUARTERS, FOURTH ARMY, DEPARTMENT OF THE ARMY, FORT SAM HOUSTON, TEXAS.

THE RECORD SHOWS THAT DURING NOVEMBER, 1952, YOU PROCEEDED TO FORT MONROE, VIRGINIA, FOR TEMPORARY DUTY PURSUANT TO TRAVEL ORDER NO. 11 62, DATED NOVEMBER 24, 1952, AND THAT SUCH TRAVEL TO AND FROM THE TEMPORARY STATION WAS PERFORMED WITH MISS MILDRED HART--- ANOTHER FEDERAL EMPLOYEE ORDERED TO FORT MONROE FOR TEMPORARY DUTY--- IN HER PRIVATELY OWNED AUTOMOBILE.

THE RECORD FURTHER SHOWS THAT YOU HAVE BEEN PAID THE SUM OF $63--- REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD YOU WERE OFFICIALLY ABSENT FROM YOUR PERMANENT STATION--- ON VOUCHER NO. 817466, DECEMBER 1952 ACCOUNTS OF MAJOR A. E. LEFAVER, FINANCE OFFICER, SYMBOL NO. 215-135. YOUR CLAIM FOR THE CONSTRUCTIVE COST OF FIRST-CLASS RAIL TRAVEL TO AND FROM FORT MONROE, VIRGINIA, WAS DISALLOWED FOR THE REASON THAT MISS HART IS REPORTED TO HAVE BEEN PAID MILEAGE FOR THE USE OF HER AUTOMOBILE, AND THE REGULATIONS CLEARLY AUTHORIZE THE PAYMENT OF MILEAGE TO ONLY ONE OF TWO OR MORE EMPLOYEES TRAVELING TOGETHER ON THE SAME TRIP AND IN THE SAME VEHICLE. SEE PARAGRAPHS 12 AND 89, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND PARAGRAPH 8-3C (5) OF CIVILIAN PERSONNEL REGULATIONS T.3, DATED AUGUST 17, 1951. A COPY OF THE PAID VOUCHER ON FILE IN THIS OFFICE AND SIGNED BY YOU CONTAINS INFORMATION DISCLOSING THAT THE TRAVEL IN QUESTION "WAS PERFORMED BY PRIVATE AUTOMOBILE, BELONGING TO MILDRED HART AT NO EXPENSE TO THE GOVERNMENT.'

IN YOUR REQUEST FOR REIMBURSEMENT YOU REFER TO VARIOUS REGULATIONS RELATING TO TRAVEL OF CIVILIAN EMPLOYEES WHICH YOU INDICATE SUPPORTS PAYMENT OF YOUR CLAIM. ALSO, YOU STATE THAT BOTH YOU AND MISS HART WERE OF THE BELIEF THAT REIMBURSEMENT WOULD BE RECEIVED FOR THE CONSTRUCTIVE COST OF SIMILAR TRAVEL BY COMMON CARRIER; THAT IT WAS MUTUALLY UNDERSTOOD THAT ALL EXPENSES FOR THE TRIP WOULD BE SHARED; AND THAT YOU HAVE PAID MISS HART FOR YOUR SHARE OF THE EXPENSES INCURRED FOR THE USE OF HER AUTOMOBILE BUT HAVE NOT BEEN REIMBURSED THEREFOR.

SINCE THE RECORD INDICATES THAT MISS HART HAS RECEIVED REIMBURSEMENT ON A MILEAGE BASIS, AND THE APPLICABLE REGULATIONS--- WHICH HAVE THE FORCE AND EFFECT OF LAW--- PERMIT THE PAYMENT OF MILEAGE TO ONLY ONE OF TWO OR MORE EMPLOYEES TRAVELING TOGETHER ON THE SAME TRIP AND IN THE SAME VEHICLE, IT NECESSARILY FOLLOWS THAT THIS OFFICE IS WITHOUT AUTHORITY FOR THE PAYMENT OF YOUR CLAIM OR ANY PART THEREOF. OF COURSE, ANY AGREEMENT WHICH YOU MAY HAVE HAD WITH MISS HART RELATIVE TO SHARING EXPENSES FOR THE TRIP IS A MATTER FOR ADJUSTMENT BETWEEN THE PARTIES INVOLVED AND OF NO CONCERN TO THE GOVERNMENT.

ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF APRIL 6, 1953, APPEARS CORRECT AND MUST BE, AND IS, SUSTAINED.

THE ENCLOSURES WHICH ACCOMPANIED YOUR LETTER--- INCLUDING YOUR PROMISSORY NOTE FOR $150 DATED FEBRUARY 8, 1953, PAYABLE TO THE STATE BANK OF LAVERNIA, TEXAS--- ARE RETURNED HEREWITH.