B-144168, FEB. 5, 1965

B-144168: Feb 5, 1965

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THE COSTS INCURRED BY YOU IN REPORTING TO YOUR PERMANENT DUTY STATION WERE BASED ON TRAVEL ACTUALLY PERFORMED BY YOU OVER A 17 MILE ROUTE ONE WAY. YOU LATER FOUND YOU COULD HAVE TAKEN A MORE DIRECT ROUTE FROM YOUR RESIDENCE TO YOUR DUTY STATION WHICH WAS A DISTANCE OF 15 MILES ONE WAY. YOU ARE NOW CLAIMING REIMBURSEMENT FOR THE DIFFERENCE OF TWO MILES FOR EACH TRIP. MILEAGE WILL BE SHOWN BY SPEEDOMETER READINGS UPON ARRIVAL AND DEPARTURE FROM EACH LOCATION DESIGNATED IN THE TRAVEL ORDERS. SUCH MILEAGE WILL BE USED AS A BASIS FOR REIMBURSEMENT UNLESS THERE IS A SUBSTANTIAL AND UNEXPLAINED DEVIATION FROM STANDARD MILEAGE GUIDES. * * *" YOUR ORIGINAL CLAIM WAS BASED ON THE ACTUAL MILEAGE ACKNOWLEDGED BY YOU TO BE FROM SPEEDOMETER READINGS AND SINCE THERE DID NOT APPEAR TO BE ANY SUBSTANTIAL DEVIATION FROM THE DISTANCE SHOWN BY MILEAGE GUIDES THE ADMINISTRATIVE OFFICE ACCEPTED YOUR FIGURES AS CORRECT.

B-144168, FEB. 5, 1965

TO MR. GEORGE L. GOLD:

THIS REFERS TO YOUR LETTER OF JANUARY 2, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 28, 1964, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE FOR TRAVEL PERFORMED BETWEEN YOUR HOME AT NATICK, MASSACHUSETTS, AND FORT DEVENS, MASSACHUSETTS, DURING THE PERIOD JANUARY THROUGH JULY 1964.

YOU CLAIMED REIMBURSEMENT FOR TRAVEL BY PRIVATELY-OWNED VEHICLE FOR THE MILEAGE SHOWN BY SPEEDOMETER READINGS BETWEEN YOUR RESIDENCE AND YOUR TEMPORARY DUTY STATION AND YOU DEDUCTED THE MILEAGE SHOWN BY SPEEDOMETER READINGS BETWEEN YOUR RESIDENCE AND YOUR OFFICIAL POST OF DUTY. THE COSTS INCURRED BY YOU IN REPORTING TO YOUR PERMANENT DUTY STATION WERE BASED ON TRAVEL ACTUALLY PERFORMED BY YOU OVER A 17 MILE ROUTE ONE WAY. YOU LATER FOUND YOU COULD HAVE TAKEN A MORE DIRECT ROUTE FROM YOUR RESIDENCE TO YOUR DUTY STATION WHICH WAS A DISTANCE OF 15 MILES ONE WAY. YOU ARE NOW CLAIMING REIMBURSEMENT FOR THE DIFFERENCE OF TWO MILES FOR EACH TRIP.

THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS T3 CONTAINING THE POLICIES AND CONDITIONS GOVERNING THE MOVEMENT OF CIVILIANS TRAVELING IN THE INTERESTS OF THE DEPARTMENT OF THE ARMY AT GOVERNMENT EXPENSE PROVIDE IN PARAGRAPH 7-6 IN PART AS FOLLOWS:

"A. (1) PRIVATELY OWNED AUTOMOBILE OR MOTORCYCLE. MILEAGE WILL BE SHOWN BY SPEEDOMETER READINGS UPON ARRIVAL AND DEPARTURE FROM EACH LOCATION DESIGNATED IN THE TRAVEL ORDERS. SUCH MILEAGE WILL BE USED AS A BASIS FOR REIMBURSEMENT UNLESS THERE IS A SUBSTANTIAL AND UNEXPLAINED DEVIATION FROM STANDARD MILEAGE GUIDES. * * *"

YOUR ORIGINAL CLAIM WAS BASED ON THE ACTUAL MILEAGE ACKNOWLEDGED BY YOU TO BE FROM SPEEDOMETER READINGS AND SINCE THERE DID NOT APPEAR TO BE ANY SUBSTANTIAL DEVIATION FROM THE DISTANCE SHOWN BY MILEAGE GUIDES THE ADMINISTRATIVE OFFICE ACCEPTED YOUR FIGURES AS CORRECT.

WE NOTE THAT THE ROUTE YOU FIRST USED BETWEEN YOUR HOME AND PERMANENT STATION COULD BE REGARDED AS AN ALTERNATE ROUTE TO AVOID TRAFFIC EVEN THOUGH IT MIGHT BE TWO MILES FURTHER THAN THE ROUTE YOU SAY WAS LATER USED. UNDER THE CIRCUMSTANCES WE DO NOT VIEW THE ACTION OF THE ADMINISTRATIVE OFFICE IN REFUSING TO PERMIT YOUR CLAIM AFTER ONCE PAID TO BE RECOMPUTED ON A DIFFERENT BASIS AS UNREASONABLE.

THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF DECEMBER 28, 1964, OF DISALLOWING YOUR CLAIM IS SUSTAINED.