B-129614, NOV. 19, 1956

B-129614: Nov 19, 1956

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FIRST NAVAL DISTRICT: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 24. IT APPEARS FROM THE EVIDENCE OF RECORD THAT DURING THE PERIOD INVOLVED YOUR OFFICIAL STATION WAS DESIGNATED AS BOSTON. YOU WERE AUTHORIZED TO PERFORM THE TRAVEL IN QUESTION FROM YOUR HEADQUARTERS IN BOSTON. IN CONNECTION WITH WHICH THE USE OF YOUR PRIVATELY OWNED AUTOMOBILE AT $0.08 PER MILE WAS AUTHORIZED AS MORE ADVANTAGEOUS TO THE UNITED STATES. IT IS A RULE OF LONG STANDING THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION FROM HIS RESIDENCE TO HIS PLACE OF DUTY AT HIS OFFICIAL STATION. IRRESPECTIVE OF WHETHER HIS RESIDENCE IS LOCATED WITHIN OR OUTSIDE THE CORPORATE LIMITS OF HIS HEADQUARTERS. IF AN EMPLOYEE IS ASSIGNED TO A NEARBY TEMPORARY DUTY POST.

B-129614, NOV. 19, 1956

TO MR. HENRY PASS, DISTRICT PUBLIC WORKS OFFICE, FIRST NAVAL DISTRICT:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 24, 1956, REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT DATED SEPTEMBER 5, 1956, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL FROM BROOKLINE, MASSACHUSETTS, TO PROVIDENCE, RHODE ISLAND, AND PORTLAND AND AUGUSTA, MAINE, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, IN THE AMOUNT OF $2.24.

IT APPEARS FROM THE EVIDENCE OF RECORD THAT DURING THE PERIOD INVOLVED YOUR OFFICIAL STATION WAS DESIGNATED AS BOSTON, MASSACHUSETTS. YOU RESIDED AT BROOKLINE, MASSACHUSETTS, AND PERFORMED DAILY TRAVEL TO BOSTON, EXCEPT WHEN ASSIGNED TO TEMPORARY DUTY AT NEARBY POINTS. IN THOSE INSTANCES, YOU TRAVELED DIRECT FROM YOUR HOME TO THE POINT OF TEMPORARY ASSIGNMENT. BY TRAVEL ORDERS DATED FEBRUARY 20, 21 AND 24, 1956, YOU WERE AUTHORIZED TO PERFORM THE TRAVEL IN QUESTION FROM YOUR HEADQUARTERS IN BOSTON, MASSACHUSETTS, AND RETURN, IN CONNECTION WITH WHICH THE USE OF YOUR PRIVATELY OWNED AUTOMOBILE AT $0.08 PER MILE WAS AUTHORIZED AS MORE ADVANTAGEOUS TO THE UNITED STATES. YOUR CLAIM FOR THE AMOUNT OF $2.24 RELATES TO MILEAGE FOR THE DISTANCE BETWEEN YOUR HOME AND OFFICIAL HEADQUARTERS.

IT IS A RULE OF LONG STANDING THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION FROM HIS RESIDENCE TO HIS PLACE OF DUTY AT HIS OFFICIAL STATION, IRRESPECTIVE OF WHETHER HIS RESIDENCE IS LOCATED WITHIN OR OUTSIDE THE CORPORATE LIMITS OF HIS HEADQUARTERS. IF AN EMPLOYEE IS ASSIGNED TO A NEARBY TEMPORARY DUTY POST, OUR OFFICE DOES NOT CONSIDER ITSELF REQUIRED TO OBJECT WHERE AN OTHERWISE PROPER PAYMENT IS MADE ON ACCOUNT OF TRAVEL PERFORMED FROM THE EMPLOYEE'S HOME TO THE TEMPORARY PLACE OF DUTY, EVEN THOUGH NO DEDUCTION HAS BEEN MADE FOR THE TRAVEL WHICH THE EMPLOYEE NORMALLY WOULD BE REQUIRED TO PERFORM IN REPORTING FROM HIS HOME TO HIS OFFICIAL STATION. HOWEVER, THE ADMINISTRATIVE OFFICIALS MAY, IN THE EXERCISE OF THEIR DISCRETIONARY RIGHT, REFUSE TO AUTHORIZE REIMBURSEMENT FOR EXPENSES INCURRED IN PERFORMING SUCH TRAVEL. SEE PARAGRAPH 12 (A) (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1952, 32 COMP. GEN. 235.

AS HEREINBEFORE INDICATED, IT WOULD HAVE BEEN POSSIBLE UNDER THE PERTINENT PROVISIONS OF THE TRAVEL REGULATIONS TO HAVE AUTHORIZED IN THE TRAVEL ORDERS MILEAGE FROM YOUR HOME. HOWEVER, IT REMAINS THAT THE NAVY TRAVEL ORDERS AUTHORIZED TRAVEL ONLY FROM YOUR HEADQUARTERS, BOSTON, MASSACHUSETTS, AND RETURN THERETO. IN VIEW THEREOF, AND ON THE PRESENT RECORD, IT WOULD NOT BE PROPER TO ALLOW MILEAGE INCIDENT TO TRAVEL FROM YOUR OFFICIAL STATION TO YOUR HOME IN THIS CASE. NEITHER WOULD ANY ALLOWANCE FOR TAXICAB FARES BE PROPER UNDER THE TERMS OF YOUR TRAVEL ORDERS.

ACCORDINGLY, OUR SETTLEMENT DATED SEPTEMBER 5, 1956, IS CORRECT AND MUST BE SUSTAINED.