B-129488, NOV. 21, 1956

B-129488: Nov 21, 1956

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ROBERTS: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. YOU WERE DIRECTED TO PROCEED FROM YOUR STATION AT KANSAS CITY. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AT THE RATE OF $0.07 PER MILE AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. THE RECORDS SHOW THAT YOU WERE PAID A PER DIEM ALLOWANCE DURING THAT PERIOD. ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. THE EXPENSES OF TRANSPORTATION FOR WHICH SUCH MILEAGE ALLOWANCE IS PROVIDED ARE THOSE FOR NECESSARY TRAVEL BETWEEN DUTY STATIONS AND ARE CONSIDERED AS DUE THE TRAVELER IN ADDITION TO THE PER DIEM ALLOWANCE. ARE NOT OF THAT NATURE. ARE CONSIDERED TO BE BUT ONE TYPE OF THE SUBSISTENCE EXPENSES FOR WHICH THE PER DIEM ALLOWANCE IS AUTHORIZED.

B-129488, NOV. 21, 1956

TO MR. JASPER K. ROBERTS:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 30, 1956, WHICH DISALLOWED YOUR CLAIM FOR A MONETARY ALLOWANCE OF $0.07 PER MILE IN LIEU OF TRANSPORTATION FOR TRAVEL TOTALING 440 MILES PERFORMED IN THE VICINITY OF YOUR TEMPORARY DUTY STATION IN YOSEMITE NATIONAL PARK, CALIFORNIA, AS A SANITARY ENGINEER (R), U.S. PUBLIC HEALTH SERVICE.

UNDER TRAVEL ORDER NO. 9402 DATED JUNE 15, 1955, AS AMENDED BY TRAVEL ORDER NO. 9402.1 DATED JUNE 21, 1955, YOU WERE DIRECTED TO PROCEED FROM YOUR STATION AT KANSAS CITY, MISSOURI, TO SAN FRANCISCO, CALIFORNIA, AND YOSEMITE NATIONAL PARK ON TEMPORARY DUTY IN CONNECTION WITH A HYDRAULIC STUDY, AND RETURN TO KANSAS CITY. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AT THE RATE OF $0.07 PER MILE AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. THE TRAVEL HERE IN QUESTION CONSISTED OF TRIPS TO VARIOUS POINTS IN THE YOSEMITE VALLEY, DESCRIBED BY YOU AS AN AREA ABOUT ONE MILE WIDE AND EIGHT MILES LONG, PERFORMED IN YOUR OWN CAR DURING THE PERIOD JULY 1 TO AUGUST 9, 1955, IN THE ACCOMPLISHMENT OF YOUR ASSIGNED DUTIES UNDER THE CITED ORDERS. THE RECORDS SHOW THAT YOU WERE PAID A PER DIEM ALLOWANCE DURING THAT PERIOD.

REGULATIONS GOVERNING THE PAYMENT OF TRANSPORTATION AND SUBSISTENCE ALLOWANCES TO OFFICERS OF THE U.S. PUBLIC HEALTH SERVICE INCIDENT TO THE PERFORMANCE OF OFFICIAL TRAVEL, INCLUDING TEMPORARY DUTY, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4203-3B (2) OF THOSE REGULATIONS AUTHORIZES THE PAYMENT OF AN ALLOWANCE OF $0.07 PER MILE IN LIEU OF TRANSPORTATION FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE UNDER ORDERS AUTHORIZING THAT MODE OF TRANSPORTATION AS MORE ADVANTAGEOUS TO THE GOVERNMENT. THE EXPENSES OF TRANSPORTATION FOR WHICH SUCH MILEAGE ALLOWANCE IS PROVIDED ARE THOSE FOR NECESSARY TRAVEL BETWEEN DUTY STATIONS AND ARE CONSIDERED AS DUE THE TRAVELER IN ADDITION TO THE PER DIEM ALLOWANCE. EXPENSES OF PURELY LOCAL TRAVEL AT OR IN THE VICINITY OF THE TEMPORARY DUTY STATION, EVEN THOUGH NECESSARY IN THE PERFORMANCE OF ASSIGNED DUTIES, ARE NOT OF THAT NATURE, HOWEVER, BUT ARE CONSIDERED TO BE BUT ONE TYPE OF THE SUBSISTENCE EXPENSES FOR WHICH THE PER DIEM ALLOWANCE IS AUTHORIZED. SEE IN THAT CONNECTION PARAGRAPH 4202-1 OF THE JOINT TRAVEL REGULATIONS WHICH STATES THAT "THE PER DIEM ALLOWANCE IS DESIGNED TO COVER ROOM RENTALS, MEALS, TIPS, STREET CAR OR TAXI FARES (OTHER THAN TO AND FROM STATION, WHARF, OR LANDING FIELD), LAUNDRY, AND OTHER SIMILAR INCIDENTAL EXPENSES.' SEE ALSO PARAGRAPH 6450 OF THE REGULATIONS WHICH PROVIDES THAT EXPENSES INCURRED AT A DUTY STATION INCIDENT TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE STATION ARE NOT PAYABLE. SINCE THE TRAVEL IN QUESTION WAS PERFORMED IN THE VICINITY OF YOUR TEMPORARY STATION AT YOSEMITE NATIONAL PARK IN CONNECTION WITH THE DUTIES ASSIGNED AT THAT STATION AND WAS NOT TRAVEL BETWEEN STATIONS AS CONTEMPLATED IN THE REGULATIONS AUTHORIZING THE MILEAGE ALLOWANCE IN LIEU OF TRANSPORTATION, IT MUST BE HELD THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. THE EXPENSES OF SUCH TRAVEL ARE PROPERLY CHARGEABLE TO THE PER DIEM WHICH YOU RECEIVED TO COVER SUBSISTENCE EXPENSES.

SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES (INCLUDING THE U.S. PUBLIC HEALTH SERVICE) MAY BE DIRECTED BY APPROPRIATE REGULATION OF THE HEAD OF THE EXECUTIVE AGENCY IN WHICH THEY ARE SERVING TO SECURE TRANSPORTATION NECESSARY IN CONDUCTING OFFICIAL BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS, WITH PAYMENT FROM PUBLIC FUNDS FOR THE EXPENSES INVOLVED, INCLUDING THOSE FOR USE OF PRIVATELY OWNED VEHICLES AT A FIXED RATE PER MILE. SUCH PROVISIONS, HOWEVER, ARE NOT SELF EXECUTING AND, IN THE ABSENCE OF IMPLEMENTING REGULATIONS, MAY NOT SERVE AS A BASIS FOR THE PAYMENT OF TRANSPORTATION EXPENSES INCURRED INCIDENT TO TRAVEL OF THE NATURE INVOLVED IN YOUR CASE. NO REGULATIONS APPLICABLE TO PUBLIC HEALTH SERVICE OFFICERS APPEAR TO HAVE BEEN ISSUED AND IN EFFECT UNDER AUTHORITY OF THE ACT OF SEPTEMBER 1, 1954, AT THE TIME OF YOUR TRAVEL.