B-138038, JAN 5, 1959

B-138038: Jan 5, 1959

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THE VOUCHER IS IN THE AMOUNT OF $24. THE TRAVEL WAS PERFORMED BY HIM IN CONNECTION WITH HIS ASSIGNED DUTIES UNDER PARAGRAPH 2. THE CLAIM IS FOR REIMBURSEMENT OF THE EXPENSE OF FOUR ROUND TRIPS. SAID TO HAVE BEEN NECESSITATED BY THE LACK OF QUARTERS AT THAT STATION AND DISRUPTED PUBLIC TRANSPORTATION DUE TO STORM CONDITIONS. OR BETWEEN DUTY STATIONS" AS AN EXPENSE INCIDENT TO TRANSPORTATION WHEN THE USE OF SUCH CONVEYANCE IS AUTHORIZED OR APPROVED BY THE ORDER ISSUING AUTHORITY. THEY HAVE NO BEARING ON A SITUATION SUCH AS IS HERE INVOLVED WHERE TRAVEL WAS PERFORMED BETWEEN THE TEMPORARY DUTY STATION AND PLACE OF LODGING. WHILE THE ABOVE-CITED DECISIONS ARE CONSISTENT WITH THE VIEWS EXPRESSED HEREIN.

B-138038, JAN 5, 1959

PRECIS-UNAVAILABLE

MAJOR R.B. NOLLER, USAF:

BY LETTER DATED NOVEMBER 24, 1958, THE DIRECTORATE OF ACCOUNTING AND FINANCE, DEPARTMENT OF THE AIR FORCE, FORWARDED YOUR LETTER OF APRIL 29, 1958, AND ACCOMPANYING PAPERS, REQUESTING AN ADVANCE DECISION WHETHER PAYMENT MAY BE MADE ON AN ENCLOSED SUPPLEMENTAL VOUCHER STATED IN FAVOR OF CAPTAIN THURMOND TANNER, USAF.

THE VOUCHER IS IN THE AMOUNT OF $24, REPRESENTING REIMBURSEMENT FOR TAXI FARES BETWEEN THE OFFICER'S HOTEL IN WASHINGTON, D.C., AND HIS TEMPORARY DUTY STATION, ANDREWS AIR FORCE BASE, MARYLAND. THE TRAVEL WAS PERFORMED BY HIM IN CONNECTION WITH HIS ASSIGNED DUTIES UNDER PARAGRAPH 2, SPECIAL ORDERS NO. 184, DATED DECEMBER 3, 1957. THESE ORDERS DIRECTED HIM TO PROCEED TO HEADQUARTERS, AACS, WASHINGTON 25, D.C., ON TEMPORARY DUTY FOR APPROXIMATELY FIVE DAYS FOR THE PURPOSE OF RECEIVING BRIEFING INCIDENT TO THE ASSUMPTION OF PROGRAMMING RESPONSIBILITIES FOR WEATHER FACILITIES IN THE ZONE OF INTERIOR. THE ORDERS AUTHORIZED THE USE OF TAXICAB AS SPECIAL CONVEYANCE TO, FROM OR BETWEEN THE DUTY STATION IN THE WASHINGTON, D.C., AREA. THE CLAIM IS FOR REIMBURSEMENT OF THE EXPENSE OF FOUR ROUND TRIPS, AT $3 CASH FARE PER TRIP, BY TAXI BETWEEN PLACE OF LODGING IN DOWNTOWN WASHINGTON, D.C., AND THE TEMPORARY DUTY STATION AT ANDREWS AIR FORCE BASE, SAID TO HAVE BEEN NECESSITATED BY THE LACK OF QUARTERS AT THAT STATION AND DISRUPTED PUBLIC TRANSPORTATION DUE TO STORM CONDITIONS.

YOU REFER TO PARAGRAPH 4405, JOINT TRAVEL REGULATIONS, AND TO OUR DECISIONS PUBLISHED IN 28 COMP. GEN. 151, AND 31 COMP. GEN. 208, AS THE SOURCE OF YOUR DOUBT AS TO THE OFFICER'S RIGHT TO THE AMOUNT CLAIMED. THE CITED REGULATIONS AUTHORIZE THE HIRE OF SPECIAL CONVEYANCES "TO, FROM, OR BETWEEN DUTY STATIONS" AS AN EXPENSE INCIDENT TO TRANSPORTATION WHEN THE USE OF SUCH CONVEYANCE IS AUTHORIZED OR APPROVED BY THE ORDER ISSUING AUTHORITY, OR HIS DESIGNATED REPRESENTATIVE. SUCH REGULATIONS PERMIT REIMBURSEMENT OF THE TRANSPORTATION COSTS SO INCURRED FOR TRAVEL PERFORMED ON PUBLIC BUSINESS INCIDENT TO CHANGES OF DUTY STATIONS, EITHER TEMPORARY OR PERMANENT. THEY HAVE NO BEARING ON A SITUATION SUCH AS IS HERE INVOLVED WHERE TRAVEL WAS PERFORMED BETWEEN THE TEMPORARY DUTY STATION AND PLACE OF LODGING. WHILE THE ABOVE-CITED DECISIONS ARE CONSISTENT WITH THE VIEWS EXPRESSED HEREIN, THEY INVOLVED THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PERTAINING TO CIVILIAN EMPLOYEES AND ARE NOT DETERMINATIVE OF THE RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES WHICH ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 4203-4 OF THE JOINT TRAVEL REGULATIONS STATES THAT REIMBURSEMENT FOR ADDITIONAL TRANSPORTATION EXPENSES INCURRED IN THE PERFORMANCE OF DUTY, SUCH AS TAXICAB, BUS, STREET CAR FARES, ETC., ARE ALLOWABLE AS AUTHORIZED IN PART I. PARAGRAPH 4400 OF PART I, INDICATES THAT THE MATTER OF TRANSPORTATION EXPENSES WITHIN AND AROUND THE TEMPORARY DUTY STATION OTHER THAN THOSE INDICATED IN PARAGRAPH 4401 (TRANSPORTATION BY DIFFERENT MEANS, INCLUDING TAXICABS, TO, FROM OR BETWEEN CARRIER TERMINALS), IS GOVERNED BY THE ADMINISTRATIVE REGULATIONS OF THE SERVICE CONCERNED. APPARENTLY, REFERENCE IS MADE TO REGULATIONS ISSUED UNDER AUTHORITY OF SECTION 2(M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, WHICH PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES 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, PAYMENT TO BE MADE FROM PUBLIC FUNDS FOR THE EXPENSES INVOLVED, INCLUDING THOSE FOR USE OF PRIVATELY OWNED VEHICLES AT A FIXED RATE PER MILE. SEE IN THIS CONNECTION 35 COMP. GEN. 677, 680.

IMPLEMENTING REGULATIONS APPLICABLE TO MEMBERS OF THE UNITED STATES AIR FORCE ARE CONTAINED IN PARAGRAPH 100110, AIR FORCE MANUAL 75-1, SUBPARAGRAPH (E) OF WHICH PROVIDES AS FOLLOWS:

"E. LOCAL TRANSPORTATION NOT AUTHORIZED. LOCAL TRANSPORTATION MAY NOT BE PROVIDED FOR TRAVEL FROM PLACE OF RESIDENCE TO PLACE OF EMPLOYMENT. LOCAL TRANSPORTATION IN CONNECTION WITH DUTY DIRECTED BY TRAVEL ORDERS IS NOT INCLUDED WITHIN THE PURVIEW OF THIS MANUAL, BUT IS GOVERNED BY THE JOINT TRAVEL REGULATIONS OF THE UNIFORMED SERVICES FOR MILITARY PERSONNEL AND AFM 40-10 FOR CIVILIAN EMPLOYEES."

PARAGRAPH 6450, JOINT TRAVEL REGULATIONS BARS REIMBURSEMENT OF EXPENSES INCURRED AT DUTY STATION INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF DUTY OR TO SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATION, OTHER THAN THAT WHICH IS AUTHORIZED UNDER THE ACT OF SEPTEMBER 1, 1954, CITED ABOVE.

FROM THE FOREGOING IT WILL BE SEEN THAT THE ONLY LOCAL TRANSPORTATION WHICH IS AUTHORIZED AT GOVERNMENT EXPENSE AT OR IN THE VICINITY OF A TEMPORARY DUTY STATION, IS THAT WHICH IS USED IN PROCEEDING TO, FROM OR BETWEEN CARRIER TERMINALS.

OFFICIAL TRAVEL COMMENCES AND ENDS AT THE TRAVELER'S POST OF DUTY AND THE GOVERNMENT'S OBLIGATION TO FURNISH TRANSPORTATION EXTENDS NO FURTHER THAN FROM AND TO THE STATION IN CONNECTION WITH PERFORMANCE OF OFFICIAL TRAVEL. EXPENSES INCURRED BY MILITARY PERSONNEL FOR TAXI FARES IN EXCESS OF THOSE NECESSARY TO PROCEED FROM THE TERMINAL OF THE TRANSPORTATION FACILITIES USED TO THE DUTY STATION UPON ARRIVAL OR FROM THE DUTY STATION TO THE TERMINAL UPON DEPARTURE ARE CONSIDERED AS PERSONAL OBLIGATIONS NOT CHARGEABLE TO THE GOVERNMENT. YOU APPARENTLY RECEIVED REIMBURSEMENT FOR TAXI FARES INCURRED IN ORIGINALLY PROCEEDING TO THE TEMPORARY DUTY STATION AT ANDREWS AIR FORCE BASE AND UPON YOUR ULTIMATE DEPARTURE FROM THAT PLACE. THE FARES FOR TRAVEL BACK TO WASHINGTON, AND RETURN, EVEN THOUGH TO OBTAIN LODGINGS, NECESSARILY MUST BE CONSIDERED NOT IN THE PERFORMANCE OF OFFICIAL TRAVEL FOR WHICH REIMBURSEMENT IS AUTHORIZED. SEE B-119404, MAY 12, 1955.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.