B-126702, MAR. 26, 1956

B-126702: Mar 26, 1956

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BELL WHICH IS ADMINISTRATIVELY APPROVED INCLUDING AN ITEM OF $14 CLAIMED AS MILEAGE FOR NOVEMBER 19. THE MILEAGE ITEM WAS DEDUCTED BY YOUR OFFICE FROM A PREVIOUS VOUCHER OF THE PAYEE BECAUSE NO EXPLANATION OR OFFICIAL APPROVAL HAD BEEN GIVEN FOR THE TRAVEL ON THAT NONWORKDAY. SUCH TRAVEL WAS PERFORMED AWAY FROM HIS HEADQUARTERS. WHILE THERE HE WAS BITTEN BY A DOG. HE IS NOW CLAIMING MILEAGE AT THE RATE OF 7 CENTS PER MILE FOR THE TRIP. * * *" WHILE MR. BELL STATES THAT THE TRIP ON NOVEMBER 19 "WAS AUTHORIZED" BY AND WAS DISCUSSED IN ADVANCE WITH CERTAIN OFFICIALS OF THE INTERNAL REVENUE SERVICE. THE FACTS OF RECORD DO NOT BRING THE MATTER WITHIN THE PROVISIONS OF THE SAID ACT AND REGULATIONS APPLICABLE TO THE TRANSPORTATION EXPENSES OF TRAVELERS WHO ARE INCAPACITATED DUE TO ILLNESS OR INJURY NOT DUE TO THEIR OWN MISCONDUCT.

B-126702, MAR. 26, 1956

TO ZELMA R. KIRK, AUTHORIZED CERTIFYING OFFICER, INTERNAL REVENUE SERVICE:

YOUR LETTER OF JANUARY 17, 1956, RC:AMA:AD:FM ZK:JLD, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER IN FAVOR OF ROBERT D. BELL WHICH IS ADMINISTRATIVELY APPROVED INCLUDING AN ITEM OF $14 CLAIMED AS MILEAGE FOR NOVEMBER 19, 1955 (A SATURDAY).

THE MILEAGE ITEM WAS DEDUCTED BY YOUR OFFICE FROM A PREVIOUS VOUCHER OF THE PAYEE BECAUSE NO EXPLANATION OR OFFICIAL APPROVAL HAD BEEN GIVEN FOR THE TRAVEL ON THAT NONWORKDAY. SUCH TRAVEL WAS PERFORMED AWAY FROM HIS HEADQUARTERS, ST. LOUIS, MISSOURI, AND FOR THE REASON RELATED BY YOU, AS FOLLOWS:

"* * * WHILE ON OFFICIAL BUSINESS ON NOVEMBER 8, HE RAN OUT OF GASOLINE (BECAUSE OF THE MALFUNCTION OF THE CARBURETOR) AND STOPPED AT A FARMHOUSE TO INQUIRE ABOUT THE LOCATION OF A GASOLINE STATION. WHILE THERE HE WAS BITTEN BY A DOG, THE BITE HAVING BROKEN THE SKIN. ON NOVEMBER 19 MR. BELL RETURNED TO THE FARMHOUSE TO DETERMINE WHETHER THE DOG HAD BEEN IMPOUNDED AND OBSERVED, AND HE IS NOW CLAIMING MILEAGE AT THE RATE OF 7 CENTS PER MILE FOR THE TRIP. * * *"

WHILE MR. BELL STATES THAT THE TRIP ON NOVEMBER 19 "WAS AUTHORIZED" BY AND WAS DISCUSSED IN ADVANCE WITH CERTAIN OFFICIALS OF THE INTERNAL REVENUE SERVICE, SUCH CONSENT MAY NOT BE CONSIDERED AS THE OFFICIAL AUTHORIZATION OR APPROVAL PERMITTED BY PARAGRAPH 5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE TRAVEL NOT BEING ON GOVERNMENT BUSINESS AS REQUIRED BY SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 837. MOREOVER, THE FACTS OF RECORD DO NOT BRING THE MATTER WITHIN THE PROVISIONS OF THE SAID ACT AND REGULATIONS APPLICABLE TO THE TRANSPORTATION EXPENSES OF TRAVELERS WHO ARE INCAPACITATED DUE TO ILLNESS OR INJURY NOT DUE TO THEIR OWN MISCONDUCT. SEE 5 U.S.C. 836 AND PARAGRAPHS 45C AND 45D OF THE STANDARDIZED REGULATIONS.

ACCORDINGLY, UPON DEDUCTION OF THE ITEM OF $14 IN QUESTION, THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.