B-150456, OCT 6, 1971

B-150456: Oct 6, 1971

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BRANDT UNDER ORDERS WAS TO PROCEED FROM LINDSEY AIR STATION TO BERLIN. IF COLONEL BRANDT'S RETURN BY MILITARY AIRPLANE WAS REQUIRED BY CIRCUMSTANCES BEYOND HIS CONTROL. HE WAS NOT DIVESTED OF HIS ENTITLEMENT TO REIMBURSEMENT FOR PARKING FEES AND RETURN MILEAGE. IF RETURN BY MILITARY AIRCRAFT WAS AT HIS ELECTION. HE IS NOT ENTITLED TO PAYMENT OF THE AMOUNT CLAIMED. TO CAPTAIN ROY MARKLE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 2. COLONEL BRANDT WAS ORDERED TO PROCEED ON TEMPORARY DUTY FROM LINDSEY AIR STATION TO BERLIN. HE WAS AUTHORIZED TO UTILIZE MILITARY AIRCRAFT. YOU SAY THAT PRIOR TO DEPARTING ON TEMPORARY DUTY COLONEL BRANDT MADE ARRANGEMENTS TO HAVE HIS CAR PARKED IN A COMMERCIAL PARKING LOT AT THE FRANKFORT TERMINAL UNTIL HE RETURNED FROM TEMPORARY DUTY.

B-150456, OCT 6, 1971

MILITARY PERSONNEL - OFFICIAL TRAVEL - ENTITLEMENT TO PARKING AND RETURN MILEAGE DECISION CONCERNING CLAIM OF COLONEL GEORGE W. A. BRANDT, JR., FOR REIMBURSEMENT OF PARKING AND RETURN MILEAGE FOR USE OF HIS PRIVATELY OWNED VEHICLE (POV) IN CONNECTION WITH TEMPORARY DUTY ASSIGNMENT UNDER THE FOLLOWING CIRCUMSTANCES. BRANDT UNDER ORDERS WAS TO PROCEED FROM LINDSEY AIR STATION TO BERLIN, GERMANY AND RETURN WITH MILITARY OR COMMERCIAL MEANS AUTHORIZED. BRANDT DROVE BY POV TO FRANKFURT INTERNATIONAL AIRPORT, WHERE HE PARKED THE CAR, AND PROCEEDED TO BERLIN BY COMMERCIAL AIR. RETURNED DIRECTLY TO WIESBADEN AIR BASE BY MILITARY AIRPLANE. THEREAFTER, HE RETURNED TO FRANKFURT TO PICK UP HIS AUTOMOBILE. IF COLONEL BRANDT'S RETURN BY MILITARY AIRPLANE WAS REQUIRED BY CIRCUMSTANCES BEYOND HIS CONTROL, HE WAS NOT DIVESTED OF HIS ENTITLEMENT TO REIMBURSEMENT FOR PARKING FEES AND RETURN MILEAGE. HOWEVER, IF RETURN BY MILITARY AIRCRAFT WAS AT HIS ELECTION, HE IS NOT ENTITLED TO PAYMENT OF THE AMOUNT CLAIMED. (SEE DECISION B-163577 OF MARCH 29, 1968).

TO CAPTAIN ROY MARKLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 2, 1971, FORWARDED HERE BY FIRST INDORSEMENT, DATED AUGUST 13, 1971, OF THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, REQUESTING AN ADVANCE DECISION AS TO THE ENTITLEMENT OF COLONEL GEORGE W. A. BRANDT, JR., TO REIMBURSEMENT OF PARKING FEES AND MILEAGE FOR USE OF HIS PRIVATELY OWNED AUTOMOBILE UNDER THE CIRCUMSTANCES DESCRIBED BELOW. YOUR SUBMISSION HAS BEEN ASSIGNED CONTROL NO. 71-31, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SPECIAL ORDER NO. T-175, DATED MARCH 3, 1971, COLONEL BRANDT WAS ORDERED TO PROCEED ON TEMPORARY DUTY FROM LINDSEY AIR STATION TO BERLIN, GERMANY, AND RETURN. HE WAS AUTHORIZED TO UTILIZE MILITARY AIRCRAFT, COMMERCIAL AIRCRAFT OR RAIL FOR THE TRAVEL INVOLVED. PURSUANT TO SUCH ORDERS HE TRAVELLED FROM LINDSEY AIR STATION TO FRANKFORT INTERNATIONAL AIRPORT BY HIS PRIVATELY OWNED AUTOMOBILE AND FROM THERE TO BERLIN BY COMMERCIAL AIRPLANE. HE RETURNED FROM BERLIN TO WIESBADEN AIR BASE BY MILITARY AIRPLANE AND TRAVELED TO HIS QUARTERS BY PRIVATELY OWNED AUTOMOBILE.

YOU SAY THAT PRIOR TO DEPARTING ON TEMPORARY DUTY COLONEL BRANDT MADE ARRANGEMENTS TO HAVE HIS CAR PARKED IN A COMMERCIAL PARKING LOT AT THE FRANKFORT TERMINAL UNTIL HE RETURNED FROM TEMPORARY DUTY. HAVING RETURNED DIRECT TO WIESBADEN FROM BERLIN, HE RETURNED THE NEXT DAY TO THE FRANKFORT INTERNATIONAL AIRPORT VIA A FRIEND'S CAR FOR THE PURPOSE OF PICKING UP HIS PRIVATELY OWNED AUTOMOBILE. ON THE VOUCHER TRANSMITTED WITH YOUR REQUEST HE CLAIMED THE AMOUNT OF $5.89, REPRESENTING MILEAGE AT 7 CENTS PER MILE FOR 19 MILES FROM FRANKFORT INTERNATIONAL AIRPORT TO WIESBADEN AND TWO MILES FROM WIESBADEN TO HIS QUARTERS, $1.47, AND PARKING FEE OF $4.42 AT THE AIRPORT. HE HAS ALREADY RECEIVED PAYMENT OF MILEAGE FOR 19 MILES FROM LINDSEY AIR STATION TO FRANKFORT INTERNATIONAL AIRPORT IN THE AMOUNT OF $1.33.

UNDER THE PROVISIONS OF PARAGRAPH M4401-2, ITEM 2 OF THE JOINT TRAVEL REGULATIONS, A MEMBER WHO ACTUALLY DRIVES HIS PRIVATELY OWNED AUTOMOBILE TO AN AIRPORT, PARKS IT AND ACTUALLY DRIVES IT FROM THE AIRPORT TO HIS HOME INCIDENT TO TEMPORARY DUTY TRAVEL IS ENTITLED TO MILEAGE FOR ONE TRIP FROM HOME TO THE AIRPORT PLUS THE PARKING FEE, NOT TO EXCEED THE COST OF TWO TAXICAB FARES BETWEEN THOSE POINTS PLUS AUTHORIZED TIPS.

COLONEL BRANDT DID NOT ACTUALLY DRIVE HIS AUTOMOBILE HOME UPON HIS RETURN. HOWEVER, IN DECISION B-163577 OF MARCH 29, 1968, WHICH INVOLVED THE APPLICATION OF A SIMILAR PROVISION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO THE CASE OF A CIVILIAN TRAVELER, WHO THROUGH CIRCUMSTANCES BEYOND HIS CONTROL WAS RETURNED TO A POINT OTHER THAN THE POINT TRAVEL BY COMMERCIAL AIR BEGAN, WE HELD THAT HE WAS NOT DIVESTED OF HIS ENTITLEMENT TO ROUND TRIP MILEAGE AND THE AUTHORIZED PARKING FEE. FIND NOTHING IN THE MILITARY TRAVEL LAWS WHICH PRECLUDES A LIKE CONCLUSION IN THE CASE OF MILITARY TRAVELERS.

HENCE, IF COLONEL BRANDT'S RETURN FROM BERLIN TO WIESBADEN BY MILITARY AIRPLANE WAS REQUIRED BY CIRCUMSTANCES BEYOND HIS CONTROL, HE WAS NOT DIVESTED OF HIS ENTITLEMENT TO REIMBURSEMENT FOR THE PARKING FEES AND RETURN MILEAGE AND HE IS ENTITLED TO PAYMENT AS CLAIMED NOT TO EXCEED THE COST OF TWO ROUND TRIP TAXI FARES, PLUS TIPS. IF, HOWEVER, IT WAS HIS ELECTION TO RETURN DIRECTLY TO WIESBADEN FROM BERLIN HE IS NOT ENTITLED TO PAYMENT OF THE AMOUNT CLAIMED.

YOUR QUESTION IS ANSWERED ACCORDINGLY. THE VOUCHER IS RETURNED FOR PAYMENT ACTION ON THE BASIS INDICATED ABOVE.

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