B-125947, FEB. 15, 1956

B-125947: Feb 15, 1956

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TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. IT WAS STATED THAT "REIMBURSEMENT FOR TRAVEL BETWEEN PLANT LOCATED IN NATRIUM. PAYMENT WAS MADE ON VOUCHER NO. 810577. MILEAGE FOR THE DAILY TRAVEL BETWEEN YOUR QUARTERS AT NEW MARTINSVILLE AND NATRIUM WAS NOT INCLUDED IN THAT PAYMENT. WHERE A MEMBER OF THE ARMED FORCES IS DIRECTED BY COMPETENT ORDERS TO TRAVEL AWAY FROM HIS POST OF DUTY. SINCE IT WAS BUT TEN AND A FRACTION MILES BETWEEN YOUR QUARTERS AT NEW MARTINSVILLE AND YOUR TEMPORARY DUTY STATION AT NATRIUM. SUCH EXPENSES WERE PROPERLY CHARGEABLE AGAINST THE PER DIEM ALLOWANCE RECEIVED BY YOU IN LIEU OF SUBSISTENCE TO COVER THE PERIOD INVOLVED.

B-125947, FEB. 15, 1956

TO ROBERT A. MYERS, SECOND LIEUTENANT CML C:

YOUR LETTER OF OCTOBER 20, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF SEPTEMBER 13, 1955, WHICH DISALLOWED YOUR CLAIM FOR A MONETARY ALLOWANCE OF SEVEN CENTS PER MILE IN LIEU OF TRANSPORTATION FOR THE DISTANCE TRAVELED IN FOUR ROUND TRIPS MADE BY YOU BY AUTOMOBILE BETWEEN NEW MARTINSVILLE, WEST VIRGINIA, AND NATRIUM, WEST VIRGINIA, INCIDENT TO TRAVEL AND TEMPORARY DUTY PERFORMED UNDER LETTER ORDERS OF THE NEW YORK CHEMICAL PROCUREMENT DISTRICT, U.S. ARMY, NEW YORK, NEW YORK, DATED FEBRUARY 7, 1955.

THE ORDERS OF FEBRUARY 7, 1955, DIRECTED THAT YOU PROCEED ON TEMPORARY DUTY FEBRUARY 13, 1955, TO NATRIUM FOR A PERIOD OF 16 DAYS AND UPON ITS COMPLETION THAT YOU RETURN TO YOUR PROPER STATION. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT, AND IT WAS STATED THAT "REIMBURSEMENT FOR TRAVEL BETWEEN PLANT LOCATED IN NATRIUM, W.VA. AND QUARTERS AT NEW MARTINSVILLE, W.VA. AUTHORIZED.' YOU PROCEEDED FROM NEW YORK CITY TO NEW MARTINSVILLE ON FEBRUARY 13, 1955, AND ON EACH OF THE FOLLOWING FIVE DAYS YOU MADE A ROUND TRIP BETWEEN YOUR QUARTERS AT NEW MARTINSVILLE AND NATRIUM, A DISTANCE OF APPROXIMATELY 10 MILES EACH DAY. UPON THE COMPLETION OF THE TEMPORARY DUTY AT NATRIUM YOU RETURNED TO NEW YORK CITY ON FEBRUARY 18, 1955. FOR SUCH TRAVEL AND TEMPORARY DUTY YOU RECEIVED A PER DIEM IN LIEU OF SUBSISTENCE ($9 PER DAY FOR SIX DAYS), A MILEAGE ALLOWANCE OF SEVEN CENTS PER MILE FOR THE DISTANCE FROM NEW YORK CITY TO NATRIUM, BY WAY OF NEW MARTINSVILLE, AND RETURN (1,063 MILES), AND REIMBURSEMENT FOR TUNNEL AND TURNPIKE TOLLS ($6.90), TOTALING $135.31. PAYMENT WAS MADE ON VOUCHER NO. 810577, MARCH 1955 ACCOUNTS OF COLONEL R. KAYLOR, F.C. MILEAGE FOR THE DAILY TRAVEL BETWEEN YOUR QUARTERS AT NEW MARTINSVILLE AND NATRIUM WAS NOT INCLUDED IN THAT PAYMENT.

WHERE A MEMBER OF THE ARMED FORCES IS DIRECTED BY COMPETENT ORDERS TO TRAVEL AWAY FROM HIS POST OF DUTY, THE OBLIGATION OF THE GOVERNMENT TO FURNISH NECESSARY TRANSPORTATION TO ACCOMPLISH THE DIRECTED TRAVEL OR TO REIMBURSE HIM FOR REASONABLY NECESSARY EXPENSES INCURRED IN ITS PERFORMANCE HAS BEEN RECOGNIZED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT. THAT OBLIGATION, HOWEVER, HAS NOT BEEN CONSIDERED TO INCLUDE ORDINARY TRANSPORTATION EXPENSES FOR TRAVEL PERFORMED AT A TEMPORARY DUTY STATION OR WITHIN ITS IMMEDIATE VICINITY, WHETHER BETWEEN TEMPORARY QUARTERS AND PLACE OF BUSINESS OR BETWEEN TWO OR MORE POINTS WITHIN THAT AREA, SUCH BEING CONSIDERED AS SUBSISTENCE RATHER THAN TRANSPORTATION EXPENSES. B-54462, FEBRUARY 28, 1946. PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS, FROM WHICH YOU QUOTE, DOES NOT REFER ONLY TO TRAVEL AT OR NEAR THE PERMANENT DUTY STATION, AS YOU APPARENTLY BELIEVE, BUT PERTAINS EQUALLY TO SIMILAR SITUATIONS AT OR NEAR TEMPORARY DUTY STATIONS. SINCE IT WAS BUT TEN AND A FRACTION MILES BETWEEN YOUR QUARTERS AT NEW MARTINSVILLE AND YOUR TEMPORARY DUTY STATION AT NATRIUM, EXPENSES INVOLVED IN PROCEEDING BETWEEN SUCH POINTS MUST BE CONSIDERED AS NORMAL SUBSISTENCE EXPENSES RATHER THAN TRANSPORTATION EXPENSES AND, CONSEQUENTLY, NO PROPER BASIS EXISTS FOR THE PAYMENT TO YOU OF THE TRANSPORTATION ALLOWANCE CLAIMED FOR THAT TRAVEL. SUCH EXPENSES WERE PROPERLY CHARGEABLE AGAINST THE PER DIEM ALLOWANCE RECEIVED BY YOU IN LIEU OF SUBSISTENCE TO COVER THE PERIOD INVOLVED. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

IN DECISION OF APRIL 18, 1955, 34 COMP. GEN. 531, IT WAS HELD THAT REIMBURSEMENT FOR TURNPIKE, TUNNEL, AND BRIDGE TOLLS PAID BY MEMBERS OF THE ARMED FORCES AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE MAY NOT BE MADE IN ADDITION TO PAYMENT OF THE MILEAGE ALLOWANCE AUTHORIZED BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, "IN LIEU OF COST OF TRANSPORTATION," SUCH ALLOWANCE BEING INTENDED AS A COMMUTATION FOR ALL TRANSPORTATION EXPENSES. IT APPEARS, THEREFORE, THAT THE REIMBURSEMENT TO YOU OF YOUR EXPENSES FOR TUNNEL AND TURNPIKE TOLLS INCIDENT TO YOUR TRAVEL UNDER THE ORDERS OF FEBRUARY 7, 1955, WAS IN ERROR.