B-150486, FEB. 1, 1963

B-150486, FEB. 1, 1963

TO MR. JOHN H. GREVE:

ON DECEMBER 11, 1962, REFERENCE DLSC-CM-F, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER OF MISS JOSEPHINE A. MABIE, AN EMPLOYEE OF THE DEFENSE LOGISTICS SERVICES CENTER, BATTLE CREEK, MICHIGAN, TO REIMBURSE HER AT THE MILEAGE RATE FOR THE EXPENSE SHE INCURRED IN TRAVEL BY PRIVATELY OWNED VEHICLE FROM WASHINGTON,D.C., TO BATTLE CREEK, INCIDENT TO A PERMANENT CHANGE OF DUTY STATION ON NOVEMBER 17, 1962.

THE TRAVEL ORDERS ISSUED TO MISS MABIE AUTHORIZED TRAVEL BY COMMON CARRIER, (AIR OR SURFACE) OR BY PRIVATELY OWNED VEHICLE AT THE RATE OF 12 CENTS PER MILE. HOWEVER, THERE APPARENTLY WAS NO DETERMINATION THAT SUCH LATTER MODE OF TRANSPORTATION WAS MORE ADVANTAGEOUS TO THE GOVERNMENT.

MISS MABIE CLAIMS REIMBURSEMENT AT THE RATE OF 12 CENTS PER MILE FOR 575 MILES, $5.40 TOLLS, AND APPLICABLE PER DIEM FOR THE TRAVEL INVOLVED. APPEARS THAT THE TRAVEL WAS PERFORMED IN THE AUTOMOBILE OF MR. K. C. WINDERS, A RELATIVE OF MISS MABIE AND THAT SHE PAID THE COSTS OF OPERATING THE VEHICLE FOR THE TRAVEL INVOLVED. IT ALSO APPEARS THAT MR. WINDERS, ALTHOUGH AN EMPLOYEE OF THE GOVERNMENT, WAS NOT INVOLVED IN THE CHANGE OF STATION FROM WASHINGTON TO BATTLE CREEK AND DID NOT TRAVEL IN AN OFFICIAL CAPACITY BUT DROVE TO BATTLE CREEK WHILE ON HIS USUAL DAYS OFF OR WHILE ON ANNUAL LEAVE.

IN OUR DECISION OF NOVEMBER 21, 1961, B-147455, WE HELD, IN EFFECT, THAT THERE IS NO PROPER BASIS FOR APPLICATION OF AN AGENCY'S REGULATION AUTHORIZING A SPECIFIED RATE PER MILE TO AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS WHERE, AS 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. HOWEVER, WE WENT ON TO INDICATE THAT A CLAIM FROM SUCH EMPLOYEE (PASSENGER) PROPERLY SUPPORTED AND OTHERWISE CORRECT, FOR THE SUM PAID BY HIM TO THE OPERATOR OF THE AUTOMOBILE FOR GASOLINE, OIL, TOLL CHARGES, ETC., AS ACTUAL EXPENSES OF THE JOURNEY--- NOT IN EXCESS OF COMMON CARRIER COST--- WOULD BE ALLOWED. WE DIRECTED ATTENTION TO THE REQUIREMENTS AND RESTRICTIONS IN SECTIONS 3.4B, C, AND D; 3.5B (2); 11.1G.; 12.2E; AND 12.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

THE CLAIMANT IN THIS CASE SHOULD FURNISH THE MAKE AND YEAR OF THE AUTOMOBILE USED FOR THE TRAVEL AND A STATEMENT AS TO THE AMOUNT ACTUALLY EXPENDED FOR GASOLINE, OIL, AND OTHER EXPENSES (IN ADDITION TO THE TOLL CHARGE ALREADY CLAIMED). IF UPON RECEIPT OF SUCH INFORMATION THE AMOUNT EXPENDED APPEARS REASONABLE CONSIDERING THE MAKE OF THE AUTOMOBILE USED, AND THE DISTANCE BETWEEN THE POINTS OF TRAVEL, THE CLAIMANT MAY BE REIMBURSED TO THAT EXTENT (INCLUDING THE TOLL CHARGE) BUT NOT TO EXCEED THE COST BY COMMON CARRIER.

THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT ON THE PRESENT RECORD.