B-132872, OCT. 3, 1957

B-132872: Oct 3, 1957

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THERE WAS ALLOWED THE ROUND TRIP COST OF TRAVEL BY AIRPLANE FROM OKLAHOMA CITY TO ORLANDO AND RETURN. THIS METHOD OF COMPUTATION IS PROPER. GREEN APPARENTLY IS OF THE VIEW THAT HIS ENTIRE TRIP. SINCE IT IS SAID THAT COMMON CARRIER SERVICE WAS NOT AVAILABLE TO THE POINTS TO WHICH HE WAS OFFICIALLY REQUIRED TO TRAVEL. THE ALLOWANCE OF ACTUAL MILEAGE FOR THE USE OF HIS PRIVATELY-OWNED AUTOMOBILE IS AUTHORIZED. TAXI CABS HIRED FOR USE IN AND AROUND ORLANDO AFTER THE EMPLOYEE'S FIRST ARRIVAL AT HIS PLACE OF ABODE IN THAT CITY WOULD NOT BE CONSIDERED COMMON CARRIERS BUT RATHER ARE CLASSIFIED AS SPECIAL CONVEYANCE UNDER SECTION 3.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THEIR USE IS PERMITTED ON A REIMBURSABLE BASIS ONLY IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT.

B-132872, OCT. 3, 1957

TO MR. EDWARD A. SCHMIDT, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

YOUR LETTER OF JULY 9, 1957, REQUESTS OUR DECISION ON THE LEGALITY OF REIMBURSING MR. BERYL B. GREEN FOR $51.84, THE AMOUNT CLAIMED BY HIM AS REIMBURSEMENT FOR TRAVELING EXPENSES IN CONNECTION WITH HIS TEMPORARY DUTY ASSIGNMENT IN ORLANDO, FLORIDA.

MR. GREEN'S TRAVEL ORDER AUTHORIZED TRAVEL BETWEEN OKLAHOMA CITY AND ORLANDO, FLORIDA, AND INCIDENTAL TRAVEL (1) BY COMMON CARRIER (AIRPLANE, TRAIN OR BUS); (2) BY PRIVATELY-OWNED AUTOMOBILE AT 8 CENTS PER MILE WITH REIMBURSEMENT LIMITED TO THE COST OF TRAVEL BY COMMON CARRIER, AND (3) OTHER MEANS LIMITED TO GOVERNMENT-OWNED AIRCRAFT AND VEHICLES. MR. GREEN TRAVELED BY PRIVATELY-OWNED AUTOMOBILE.

IN DETERMINING THE CONSTRUCTIVE COST OF THE TRAVEL BY COMMON CARRIER, THERE WAS ALLOWED THE ROUND TRIP COST OF TRAVEL BY AIRPLANE FROM OKLAHOMA CITY TO ORLANDO AND RETURN, AND TAXI CAB FARES AS AUTHORIZED BY SECTION 31B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THIS METHOD OF COMPUTATION IS PROPER.

MR. GREEN APPARENTLY IS OF THE VIEW THAT HIS ENTIRE TRIP, INCLUDING HYPOTHETICAL TRAVEL BY TAXI CAB, IN AND AROUND ORLANDO, SHOULD BE CONSIDERED AS A UNIT IN DETERMINING THE CONSTRUCTIVE COST BY COMMON CARRIER WHICH LIMITED HIS REIMBURSEMENT FOR MILEAGE BETWEEN OKLAHOMA CITY AND ORLANDO. FOR TRAVEL WITHIN ORLANDO AND IN SURROUNDING AREAS AFTER THE EMPLOYEE'S ARRIVAL AT THIS PLACE OF ABODE IN THAT CITY, THE EMPLOYEE NORMALLY WOULD BE ENTITLED TO REIMBURSEMENT FOR THE COST OF LOCAL AND AREA TRAVEL BY COMMON CARRIERS, EXCLUDING TAXI CABS. HOWEVER, SINCE IT IS SAID THAT COMMON CARRIER SERVICE WAS NOT AVAILABLE TO THE POINTS TO WHICH HE WAS OFFICIALLY REQUIRED TO TRAVEL, THE ALLOWANCE OF ACTUAL MILEAGE FOR THE USE OF HIS PRIVATELY-OWNED AUTOMOBILE IS AUTHORIZED. TAXI CABS HIRED FOR USE IN AND AROUND ORLANDO AFTER THE EMPLOYEE'S FIRST ARRIVAL AT HIS PLACE OF ABODE IN THAT CITY WOULD NOT BE CONSIDERED COMMON CARRIERS BUT RATHER ARE CLASSIFIED AS SPECIAL CONVEYANCE UNDER SECTION 3.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND THEIR USE IS PERMITTED ON A REIMBURSABLE BASIS ONLY IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT. NO SUCH AUTHORITY OR APPROVAL APPEARS IN MR. GREEN'S TRAVEL ORDER OR ELSEWHERE IN THE RECORD AND ACCORDINGLY HE IS NOT ENTITLED TO HAVE THE CONSTRUCTIVE COST OF SUCH TAXI CAB FARES CONSIDERED IN HIS CLAIM FOR TRAVEL REIMBURSEMENT.

MR. GREEN'S RECLAIM IS FOR DISALLOWANCE, EXCEPT FOR THE $3 CLAIMED FOR PER DIEM COVERING THE PERIOD 6 A.M. TO 12 NOON, ON MARCH 14, 1957, AND THE VOUCHER WHICH IS RETURNED HEREWITH PROPERLY MAY BE CERTIFIED ONLY IN THAT AMOUNT.