B-146088, JUN. 27, 1961

B-146088: Jun 27, 1961

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WHICH AMOUNT ADMINISTRATIVELY WAS DISALLOWED ON MR. MCLOUGHLIN WAS AUTHORIZED TO ATTEND THE RADIOISOTOPES RESEARCH TECHNIQUES COURSE. TICKET WAS ISSUED ACCORDINGLY AND DELIVERED TO MR. MCLOUGHLIN WAS NOT SO INFORMED UNTIL 30 MINUTES BEFORE FLIGHT TIME WHEN HE ARRIVED AT THE BATTLE CREEK AIRPORT ON SUNDAY. THE AIRLINE AGENT CONTENDS THAT THE ORDERING OFFICE WAS NOTIFIED CONCERNING THE SUNDAY SCHEDULE BUT THE OFFICER CONTENDS THAT THE INFORMATION WAS NOT RECEIVED. MCLOUGHLIN'S ORIGINAL CLAIM FOR $18.60 FOR THE USE OF HIS AUTOMOBILE COVERING THE ROUND TRIP BETWEEN BATTLE CREEK AND WILLOW RUN AIRPORT WAS CERTIFIED FOR ONLY $9.30. THE BASIS FOR THE NONCERTIFICATION OF THE RETURN TRIP IS 31 C.G. 503 (B- 107402.

B-146088, JUN. 27, 1961

TO MR. W. R. WILSON, AUTHORIZED CERTIFYING OFFICER, OFFICE OF CIVIL AND DEFENSE MOBILIZATION:

ON JUNE 7, 1961, YOU SUBMITTED FOR OUR ADVANCE DECISION THE PROPRIETY OF YOUR CERTIFYING FOR PAYMENT THE RECLAIM TRAVEL VOUCHER OF MR. DAVID MCLOUGHLIN FOR $9.30, TRANSMITTED WITH YOUR LETTER. THAT AMOUNT REPRESENTS MILEAGE AT THE RATE OF TEN CENTS PER MILE FOR THE RETURN TRIP, WITHOUT HIM, OF HIS PRIVATELY OWNED AUTOMOBILE INCIDENT TO A ROUND TRIP BETWEEN BATTLE CREEK AND WILLOW RUN AIRPORT,DETROIT, MICHIGAN, WHICH AMOUNT ADMINISTRATIVELY WAS DISALLOWED ON MR. MCLOUGHLIN'S FIRST VOUCHER.

FROM THE FACTS PRESENTED IT APPEARS THAT NECESSITY FOR THE TRIP TO THE WILLOW RUN AIRPORT AROSE WHEN THE TRAVEL AND SECRETARIAL SERVICES DIVISION OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION AT BATTLE CREEK MADE A RESERVATION WITH THE NORTH CENTRAL AIRLINES FOR MR. MCLOUGHLIN'S DEPARTURE SUNDAY, JANUARY 22, 1961, ON FLIGHT NO. 821, WITH DESTINATION OAK RIDGE, TENNESSEE, WHERE MR. MCLOUGHLIN WAS AUTHORIZED TO ATTEND THE RADIOISOTOPES RESEARCH TECHNIQUES COURSE, SCHEDULED TO COMMENCE MONDAY, JANUARY 23, 1961, AT 8:00 A.M. TICKET WAS ISSUED ACCORDINGLY AND DELIVERED TO MR. MCLOUGHLIN ON JANUARY 12, 1961. HOWEVER, FLIGHT NO. 821 DOES NOT OPERATE OUT OF BATTLE CREEK ON SUNDAYS. MR. MCLOUGHLIN WAS NOT SO INFORMED UNTIL 30 MINUTES BEFORE FLIGHT TIME WHEN HE ARRIVED AT THE BATTLE CREEK AIRPORT ON SUNDAY, JANUARY 22. THE AGENT THEN INFORMED MR. MCLOUGHLIN THAT THE ONLY WAY HE COULD REACH OAK RIDGE TIMELY WOULD BE TO DRIVE TO WILLOW RUN AIRPORT (93 MILES) AND THERE TAKE THE FLIGHT SCHEDULED FOR HIM.

THE AIRLINE AGENT CONTENDS THAT THE ORDERING OFFICE WAS NOTIFIED CONCERNING THE SUNDAY SCHEDULE BUT THE OFFICER CONTENDS THAT THE INFORMATION WAS NOT RECEIVED. THE RECORD SHOWS, HOWEVER, THAT THE "OFFICIAL AIRLINE GUIDE" SHOWS "FLIGHT 821--- EX.SA.SU.'

MR. MCLOUGHLIN'S ORIGINAL CLAIM FOR $18.60 FOR THE USE OF HIS AUTOMOBILE COVERING THE ROUND TRIP BETWEEN BATTLE CREEK AND WILLOW RUN AIRPORT WAS CERTIFIED FOR ONLY $9.30, WHICH COVERED THE GOING TRIP.

THE BASIS FOR THE NONCERTIFICATION OF THE RETURN TRIP IS 31 C.G. 503 (B- 107402, APRIL 7, 1952) WHERE WE HELD THAT THE AUTHORIZATION FOR THE PAYMENT TO EMPLOYEES ENGAGED ON OFFICIAL BUSINESS OF MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE DID NOT INCLUDE PAYMENT OF MILEAGE ON THE RETURN TRIP WHEN THE EMPLOYEE'S AUTOMOBILE WAS RETURNED WITHOUT HIM.

THE LAST PARAGRAPH OF SECTION 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, EFFECTIVE DECEMBER 1, 1960, READS AS FOLLOWS:

"IN LIEU OF THE USE OF TAXICAB UNDER SECTION 3.1B, PAYMENT ON A MILEAGE BASIS AT THE RATE OF 10 CENTS PER MILE WILL BE ALLOWED FOR THE ROUND-TRIP MILEAGE OF A PRIVATELY OWNED AUTOMOBILE USED IN CONNECTION WITH AN EMPLOYEE GOING FROM EITHER HIS PLACE OF ABODE OR PLACE OF BUSINESS TO A TERMINAL OR FROM A TERMINAL TO EITHER HIS PLACE OR ABODE OR PLACE OF BUSINESS: PROVIDED, THAT THE AMOUNT OF REIMBURSEMENT FOR ROUND-TRIP MILEAGE SHALL NOT IN EITHER INSTANCE EXCEED THE TAXICAB FARE, INCLUDING TIP ALLOWABLE UNDER SECTION 3.1B, FOR A ONE-WAY TRIP BETWEEN SUCH APPLICABLE POINTS.'

SECTIONS 1.1, AND 3.1B, AND 3.4A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE, IN PART, AS FOLLOWS:

"1.1. FUNDS FOR TRAVELING EXPENSES.--- EMPLOYEES * * * ARE EXPECTED TO EXERCISE THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.

"3.1. * * *

"B. REIMBURSEMENT FOR THE USUAL TAXICAB FARES FROM COMMON CARRIER OR OTHER TERMINAL TO EITHER PLACE OF ABODE OR PLACE OF BUSINESS, OR FROM EITHER PLACE OF ABODE OR PLACE OF BUSINESS TO COMMON CARRIER OR OTHER TERMINAL, WILL BE ALLOWED IN AN AMOUNT NOT TO EXCEED $6 (PLUS TIP) * * *

"3.4. SPECIAL CONVEYANCE.--- A. THE HIRE OF BOAT, AUTOMOBILE, TAXICAB (OTHER THAN FOR USE UNDER SEC. 3.1B), AIRCRAFT, LIVERY, OR OTHER CONVEYANCE WILL BE ALLOWED IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT WHENEVER THE EMPLOYEE IS ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY. * * *"

IN OUR DECISION DATED MARCH 1, 1957, B-130430, COPY HEREWITH, WHERE, AS HERE, THE EMPLOYEE'S AUTOMOBILE WAS RETURNED WITHOUT HIM, WE HELD THAT THE ABOVE-QUOTED SECTION CLEARLY AUTHORIZES PAYMENT FOR ROUND TRIP MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE--- 68 MILES AT 10 CENTS PER MILE OR $6.80--- IN TRANSPORTING AN EMPLOYEE FROM HIS PLACE OF ABODE TO A COMMON CARRIER TERMINAL AND FROM A COMMON CARRIER TERMINAL TO HIS PLACE OF ABODE AT A RATE OF 10 CENTS PER MILE PROVIDED THE AMOUNT DOES NOT EXCEED THE USUAL ONE-WAY TAXICAB FARE, INCLUDING ALLOWABLE TIP, BETWEEN SUCH POINTS.

OUR VIEW IS THAT THE TERMINAL AT WILLOW RUN AIRPORT MAY NOT BE CONSIDERED AS THE TERMINAL COVERED EITHER BY SECTIONS 3.1B AND 3.5B (1) OF THE TRAVEL REGULATIONS. IF AN ADMINISTRATIVE DETERMINATION OF ADVANTAGE IS MADE, HOWEVER, COVERING USE OF THE PRIVATELY OWNED CONVEYANCE AT A SPECIFIED MILEAGE RATE, NOT TO EXCEED 10 CENTS PER MILE, BETWEEN THE RESIDENCE AT BATTLE CREEK AND THE AIR TERMINAL AT WILLOW RUN--- WHICH REASONABLY COULD BE VIEWED AS IN THE NATURE OF TRAVEL BY A SPECIAL CONVEYANCE UNDER SECTION 3.4A AND IN CONSONANCE WITH SECTION 1.1 OF THE TRAVEL REGULATIONS--- OUR OFFICE WOULD NOT OBJECT, IN THE CIRCUMSTANCES HERE PRESENTED, TO ALLOWANCE OF ROUND TRIP MILEAGE FOR SUCH TRANSPORTATION. SEE B-137877, FEBRUARY 13, 1959, COPY HEREWITH.

IT FOLLOWS THAT THE RECLAIM VOUCHER MAY NOT BE PAID UNLESS IT BE ADMINISTRATIVELY APPROVED IN ACCORDANCE WITH THE ABOVE.