B-148192, MAR. 15, 1962

B-148192: Mar 15, 1962

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WAS REFERRED TO US FOR CONSIDERATION. WERE REIMBURSED PURSUANT TO SETTLEMENT OF OUR OFFICE. - PROVIDES IN PERTINENT PART: "IF TVL BY PRIVATELY OWNED AUTOMOBILE IS PERFORMED. MILEAGE REIMBURSEMENT WILL BE SUBJECT TO THE LIMITATION OF EXPENSE TO THE GOVT. WILL NOT EXCEED TEN CENTS ($ .10) PER MILE.'. REIMBURSEMENT OF A CIVILIAN EMPLOYEE OF THE GOVERNMENT FOR TRAVEL BY PRIVATELY OWNED VEHICLE IS LIMITED TO THE COST OF THE REQUIRED TRAVEL HAD IT BEEN PERFORMED BY COMMON CARRIER UNLESS TRAVEL BY PRIVATELY OWNED VEHICLE IS DETERMINED TO BE MORE ADVANTAGEOUS TO THE GOVERNMENT. IN VIEW OF THE PROVISION OF YOUR TRAVEL ORDER AND THE REQUIREMENT OF THE LAW AND IN THE ABSENCE OF ANY SHOWING OF ADVANTAGE TO THE GOVERNMENT FOR TRAVEL BY PRIVATELY OWNED VEHICLE YOU ARE ENTITLED TO BE REIMBURSED FOR YOUR TRAVEL BY PRIVATELY OWNED AUTOMOBILE ONLY TO THE EXTENT THAT THE ALLOWANCES AUTHORIZED FOR SUCH TRAVEL DO NOT EXCEED THE CONSTRUCTIVE COST OF PERFORMING THAT TRAVEL BY COMMON CARRIER.

B-148192, MAR. 15, 1962

TO MR. GEORGE H. KILLEEN, JR.:

YOUR LETTER OF JANUARY 3, 1962, TO COLONEL WEBSTER MILLS, U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES INCIDENT TO YOUR TRAVEL FROM OKINAWA TO HYDE PARK, MASSACHUSETTS, WAS REFERRED TO US FOR CONSIDERATION.

YOU TRAVELED BY PRIVATELY OWNED VEHICLE FROM SAN FRANCISCO, CALIFORNIA, TO HYDE PARK, BUT WERE REIMBURSED PURSUANT TO SETTLEMENT OF OUR OFFICE, DATED DECEMBER 19, 1961, ONLY THE CONSTRUCTIVE COMMON CARRIER COSTS. YOU SAY THAT YOUR TRAVEL ORDER AUTHORIZED PAYMENT FOR TRAVEL BY PRIVATELY OWNED VEHICLE AT THE RATE OF 10 CENTS PER MILE NOT LIMITED TO THE COST OF RAIL TRANSPORTATION. THEREFORE, YOU NOW CLAIM THE DIFFERENCE BETWEEN MILEAGE PLUS PER DIEM AND THE AMOUNT PREVIOUSLY ALLOWED.

PARAGRAPH 3 OF YOUR TRAVEL ORDER--- RICP 3-41, HEADQUARTERS, U.S. ARMY, RYUKYU ISLANDS AND IX CORPS, APO331, SAN FRANCISCO, CALIFORNIA, ARMY, RYUKYU ISLANDS AND IX CORPS, APO 331, SAN FRANCISCO, CALIFORNIA, MARCH 9, 1961--- PROVIDES IN PERTINENT PART:

"IF TVL BY PRIVATELY OWNED AUTOMOBILE IS PERFORMED, MILEAGE REIMBURSEMENT WILL BE SUBJECT TO THE LIMITATION OF EXPENSE TO THE GOVT. FOR THE USUAL MODE OF TRANS, INCLUDING PER DIEM, AND WILL NOT EXCEED TEN CENTS ($ .10) PER MILE.'

REIMBURSEMENT OF A CIVILIAN EMPLOYEE OF THE GOVERNMENT FOR TRAVEL BY PRIVATELY OWNED VEHICLE IS LIMITED TO THE COST OF THE REQUIRED TRAVEL HAD IT BEEN PERFORMED BY COMMON CARRIER UNLESS TRAVEL BY PRIVATELY OWNED VEHICLE IS DETERMINED TO BE MORE ADVANTAGEOUS TO THE GOVERNMENT. SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C. 837.

IN VIEW OF THE PROVISION OF YOUR TRAVEL ORDER AND THE REQUIREMENT OF THE LAW AND IN THE ABSENCE OF ANY SHOWING OF ADVANTAGE TO THE GOVERNMENT FOR TRAVEL BY PRIVATELY OWNED VEHICLE YOU ARE ENTITLED TO BE REIMBURSED FOR YOUR TRAVEL BY PRIVATELY OWNED AUTOMOBILE ONLY TO THE EXTENT THAT THE ALLOWANCES AUTHORIZED FOR SUCH TRAVEL DO NOT EXCEED THE CONSTRUCTIVE COST OF PERFORMING THAT TRAVEL BY COMMON CARRIER.