B-147455, NOV. 21, 1961

B-147455: Nov 21, 1961

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CAMPBELL WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM HIS OFFICIAL STATION AT LOS ANGELES. TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM DALLAS TO LOS ANGELES WAS AUTHORIZED. THE TRAVEL ORDERS PROVIDE THAT THE COST OF TRAVEL BY AUTOMOBILE WILL NOT EXCEED THAT OF TRAVEL BY AIR. FOR THIS TRAVEL THE CLAIMANT WAS ALLOWED REIMBURSEMENT FOR COACH JET FARE RATHER THAN THE CLAIMED FIRST -CLASS JET RATE. IT IS STATED ON MR. HIS CLAIM COVERING THAT PORTION OF TRAVEL WAS DISALLOWED PENDING ADDITIONAL INFORMATION AS TO WHOSE CAR HE RODE IN AND WHAT SHARE OF THE EXPENSES HE PAID. IS THE COST OF A ONE WAY FARE FROM DALLAS TO LOS ANGELES VIA AIR. WE HAVE ASCERTAINED THAT THE COACH JET FARE BY USE OF A GOVERNMENT TRANSPORTATION REQUEST AT THE TIME THE TRAVEL WAS PERFORMED WOULD HAVE BEEN $69.10.

B-147455, NOV. 21, 1961

TO MRS. BESSIE L. YARBROUGH, AUTHORIZED CERTIFYING OFFICER, THE RENEGOTIATION BOARD:

YOUR LETTER OF SEPTEMBER 14, 1961, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER CERTIFICATION FOR PAYMENT MAY BE MADE ON THE RECLAIM VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT OF $75.45 TO MR. ARTHUR R. CAMPBELL, AN EMPLOYEE OF THE RENEGOTIATION BOARD.

BY TRAVEL ORDERS DATED JUNE 15, 1961, MR. CAMPBELL WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM HIS OFFICIAL STATION AT LOS ANGELES, CALIFORNIA, TO ATLANTA, GEORGIA, NEW ORLEANS, LOUISIANA, AND DALLAS, TEXAS, FOR THE PURPOSE OF VISITING CERTAIN INDUSTRIAL PLANTS, AND RETURN TO LOS ANGELES. TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM DALLAS TO LOS ANGELES WAS AUTHORIZED. THE TRAVEL ORDERS PROVIDE THAT THE COST OF TRAVEL BY AUTOMOBILE WILL NOT EXCEED THAT OF TRAVEL BY AIR.

THE CLAIMANT PERFORMED THE OUTGOING TRAVEL FROM LOS ANGELES, CALIFORNIA, TO DALLAS, TEXAS, BY COMMERCIAL JET AIRLINE. FOR THIS TRAVEL THE CLAIMANT WAS ALLOWED REIMBURSEMENT FOR COACH JET FARE RATHER THAN THE CLAIMED FIRST -CLASS JET RATE, A DIFFERENCE OF $39.05. THE RECLAIM CONCERNS ONLY THE CLAIMANT'S RETURN TRAVEL FROM DALLAS BY PRIVATELY OWNED VEHICLE.

IT IS STATED ON MR. CAMPBELL'S ORIGINAL VOUCHER (BU.VOU. R B 1131) THAT HE TRAVELED, ON THE RETURN TRIP TO HIS OFFICIAL STATION, FROM DALLAS, TEXAS, TO OKLAHOMA CITY AT HIS OWN EXPENSE, AND THAT HE TRAVELED FROM OKLAHOMA CITY TO LOS ANGELES AS A PASSENGER IN A PRIVATELY OWNED AUTOMOBILE. HIS CLAIM COVERING THAT PORTION OF TRAVEL WAS DISALLOWED PENDING ADDITIONAL INFORMATION AS TO WHOSE CAR HE RODE IN AND WHAT SHARE OF THE EXPENSES HE PAID.

MR. CAMPBELL SAYS ON HIS RECLAIM VOUCHER (BUR.VOU. R B 1185) THAT HE TRAVELED FROM DALLAS, TEXAS TO LOS ANGELES, CALIFORNIA, BY PRIVATELY OWNED AUTOMOBILE, FOR WHICH HE PAID ALL THE EXPENSES OF OPERATION, AND SEEKS REIMBURSEMENT IN THE AMOUNT OF $75.45 WHICH, HE ALLEGES, IS THE COST OF A ONE WAY FARE FROM DALLAS TO LOS ANGELES VIA AIR. IN THAT REGARD, WE HAVE ASCERTAINED THAT THE COACH JET FARE BY USE OF A GOVERNMENT TRANSPORTATION REQUEST AT THE TIME THE TRAVEL WAS PERFORMED WOULD HAVE BEEN $69.10. FOR COMPARATIVE COST PURPOSES, MR. CAMPBELL USES THE TEXACO U.S. MILEAGE CHART WHICH HE STATES, SHOWS THE DISTANCE BETWEEN DALLAS, TEXAS, AND LOS ANGELES, CALIFORNIA, AS 1,434 MILES. COMPUTED AT THE MILEAGE RATE OF TEN CENTS PER MILE THE AMOUNT THUS DERIVED FOR COMPARATIVE COST PURPOSES WOULD BE $143.40.

SINCE THE CLAIMANT COMPUTES HIS RECLAIM ON THE BASIS OF TEN CENTS PER MILE, WE ASSUME YOUR AGENCY'S REGULATIONS AUTHORIZE A MILEAGE RATE OF TEN CENTS PER MILE TO EMPLOYEES TRAVELING ON OFFICIAL BUSINESS BY PRIVATELY OWNED AUTOMOBILES. WE FIND NO PROPER BASIS, HOWEVER, FOR APPLICATION OF THE TEN CENTS PER MILE AUTHORIZED BY THE REGULATION WHEN, AS APPARENTLY IS TRUE HERE, THE EMPLOYEE TRAVELS AS A PASSENGER IN THE AUTOMOBILE OF A PERSON NOT TRAVELING ON GOVERNMENT BUSINESS AND PAYS THE ACTUAL EXPENSES OF OPERATION OF THE AUTOMOBILE. THEREFORE, THE RECLAIM VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

OUR VIEW IS THAT WHILE THE RECLAIM IS NOT ALLOWABLE A CLAIM FROM MR. CAMPBELL, PROPERLY SUPPORTED AND OTHERWISE CORRECT, FOR A SUM PAID BY HIM TO THE OPERATOR OF THE AUTOMOBILE FOR GASOLINE, OIL, TOLL CHARGES, ETC., AS ACTUAL EXPENSES OF THE JOURNEY, BUT NOT IN EXCESS OF JET AIR COACH COSTS BETWEEN DALLAS AND LOS ANGELES WOULD BE FOR ALLOWANCE. SEE THE REQUIREMENTS AND RESTRICTIONS ON SECTIONS3.4B; C; AND D.; 3.5B (2); 11.1G.; 12.2C. AND 12.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. CF. 28 COMP. GEN. 332.