B-131813, DEC. 2, 1957

B-131813: Dec 2, 1957

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RECONSIDERATION IS REQUESTED IN VIEW OF OUR DECISION OF JUNE 4. THAT DECISION HOLDS THAT WHEN AN EMPLOYEE IS PROPERLY AUTHORIZED TO USE A PRIVATELY-OWNED AUTOMOBILE FOR OFFICIAL BUSINESS IT IS WITHIN ADMINISTRATIVE DISCRETION TO ALLOW HIM MILEAGE FROM WHATEVER POINT HE BEGINS HIS JOURNEY WITH NO REQUIREMENT THAT THERE BE DEDUCTED FROM THE COMPUTATION OF SUCH MILEAGE THE DISTANCE THAT THE EMPLOYEE WOULD NORMALLY TRAVEL BETWEEN HIS HOME AND HIS HEADQUARTERS. THAT DECISION WAS CONSIDERED IN THE DISPOSITION OF YOUR CLAIM AND WAS SPECIFICALLY REFERRED TO IN OUR DECISION OF JULY 2. WITH REFERENCE TO WHICH A MILEAGE ALLOWANCE IS TO BE PAID. IS NECESSARILY FOR DETERMINATION BY THE ADMINISTRATIVE AGENCY FOR WHICH THE TRAVEL IS PERFORMED.

B-131813, DEC. 2, 1957

TO MR. MASON STUDDARD, INDUSTRIAL MOBILIZATION OFFICE, U.S. ARMY:

YOUR LETTER OF OCTOBER 25, 1957, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM, THE SUBJECT OF OUR DECISION OF JULY 2, 1957, INVOLVING MILEAGE FOR THE USE OF YOUR PRIVATE VEHICLE BETWEEN YOUR RESIDENCE AND HEADQUARTERS INCIDENT TO TEMPORARY DUTY TRAVEL AS AN EMPLOYEE OF THE ATLANTA GENERAL DEPOT, U.S. ARMY, ATLANTA, GEORGIA.

RECONSIDERATION IS REQUESTED IN VIEW OF OUR DECISION OF JUNE 4, 1957, B- 131810, 36 COMP. GEN. 795, TO THE CHAIRMAN OF THE U.S. CIVIL SERVICE COMMISSION. THAT DECISION HOLDS THAT WHEN AN EMPLOYEE IS PROPERLY AUTHORIZED TO USE A PRIVATELY-OWNED AUTOMOBILE FOR OFFICIAL BUSINESS IT IS WITHIN ADMINISTRATIVE DISCRETION TO ALLOW HIM MILEAGE FROM WHATEVER POINT HE BEGINS HIS JOURNEY WITH NO REQUIREMENT THAT THERE BE DEDUCTED FROM THE COMPUTATION OF SUCH MILEAGE THE DISTANCE THAT THE EMPLOYEE WOULD NORMALLY TRAVEL BETWEEN HIS HOME AND HIS HEADQUARTERS. THAT DECISION WAS CONSIDERED IN THE DISPOSITION OF YOUR CLAIM AND WAS SPECIFICALLY REFERRED TO IN OUR DECISION OF JULY 2, 1957, B-131813, TO YOU. WE SAID IN THAT LATTER DECISION:

"PARAGRAPH 12A (1), CURRENTLY SECTION 3.5B (1), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDES THAT MILEAGE MAY BE PAID FROM WHATEVER POINT THE EMPLOYEE BEGINS HIS JOURNEY. THE POINT AT WHICH OFFICIAL TRAVEL BEGINS, OR TERMINATES, WITH REFERENCE TO WHICH A MILEAGE ALLOWANCE IS TO BE PAID, IS NECESSARILY FOR DETERMINATION BY THE ADMINISTRATIVE AGENCY FOR WHICH THE TRAVEL IS PERFORMED. SEE B 131810, JUNE 4, 1957 (36 COMP. GEN. 795). AS THE DECISION OF DECEMBER 31, 1956, 36 COMP. GEN. 476, REFERRED TO IN YOUR LETTER OF APRIL 17, 1957, CANNOT BE VIEWED AS RECOGNIZING A GENERAL RIGHT TO REIMBURSEMENT FOR TRAVEL BETWEEN AN EMPLOYEE'S RESIDENCE AND OFFICIAL STATION AND SINCE THE ADMINISTRATIVE DETERMINATION HEREIN--- AS REFLECTED BY YOUR TRAVEL ORDERS AUTHORIZING TRAVEL FROM AND TO ATLANTA- -- THAT YOUR TRAVEL BEGAN AND ENDED AT YOUR OFFICIAL STATION, NOT YOUR RESIDENCE, IS PROPER UNDER THE REGULATIONS, WE FIND NO BASIS FOR FAVORABLE ACTION UPON YOUR CLAIM.'

AS INDICATED IN OUR DECISION TO YOU, AND FOR THE REASONS THEREIN STATED, THE DISALLOWANCE OF YOUR MILEAGE CLAIM FOR TRAVEL BETWEEN YOUR RESIDENCE AND OFFICIAL STATION IS CONSIDERED IN CONSONANCE WITH THE DECISION OF JUNE 4, 1957, WHICH HELD THAT THE PAYMENT OF MILEAGE BETWEEN RESIDENCE AND HEADQUARTERS IS A MATTER OF ADMINISTRATIVE DISCRETION AND IS NOT A VESTED RIGHT.