B-154430, JUL. 30, 1964

B-154430: Jul 30, 1964

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WAS FORWARDED TO OUR OFFICE BY LETTER OF JUNE 8. FREEDMAN WAS AUTHORIZED TO TRAVEL FROM RICHMOND. WHICH TRAVEL WAS CONSIDERED TO BE ADVANTAGEOUS TO THE GOVERNMENT. WAS CONSIDERED TO BE THE LEGAL RESIDENCE OF THE EMPLOYEE. FURTHER LIMITED THE PER DIEM TO $8 IF THE TEMPORARY DUTY IS PERFORMED IN LESS THAN 24 HOURS NOT INVOLVING REQUIREMENT FOR QUARTERS. WE HAVE ASCERTAINED FROM MR. CONCERNING PAYMENT OF MILEAGE WHEREVER OFFICIAL TRAVEL IS PERFORMED BY A PRIVATELY-OWNED AUTOMOBILE. PARAGRAPH 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART AS FOLLOWS: "* * * IN SUCH CASES THE MILEAGE RATE AS AUTHORIZED OR APPROVED MAY BE PAID FROM WHATEVER POINT THE EMPLOYEE OR OTHER PERSON RENDERING SERVICE TO THE GOVERNMENT BEGINS HIS JOURNEY * * *" IT WILL BE OBSERVED THAT THE TRAVEL ORDERS IN THIS CASE AUTHORIZED TRAVEL FROM THE EMPLOYEE'S HEADQUARTERS.

B-154430, JUL. 30, 1964

TO LIEUTENANT COLONEL E. P. COLIO, ACCOUNTING AND FINANCE DIVISION, HEADQUARTERS, DEFENSE SUPPLY AGENCY:

THIS REFERS TO YOUR LETTERS OF MARCH 12, 26, AND MAY 26, 1964, REQUESTING AN ADVANCE DECISION CONCERNING THE PAYMENT OF THREE TRAVEL VOUCHERS IN FAVOR OF DAVID H. FREEDMAN. YOUR LETTER OF MAY 26, 1964, WITH ENCLOSURES, WAS FORWARDED TO OUR OFFICE BY LETTER OF JUNE 8, 1964, REFERENCE DSAH-CFF, FROM THE CHIEF, ACCOUNTING AND FINANCE DIVISION, OFFICE OF THE COMPTROLLER, DEFENSE SUPPLY AGENCY.

BY TRAVEL ORDERS NOS. 185, 186 AND 233, DATED FEBRUARY 18, 20 AND MARCH 9, 1964, RESPECTIVELY, MR. FREEDMAN WAS AUTHORIZED TO TRAVEL FROM RICHMOND, VIRGINIA, TO WASHINGTON, D.C., AND ALEXANDRIA, VIRGINIA, AND RETURN BY PRIVATELY-OWNED AUTOMOBILE, AT A RATE OF 10 CENTS PER MILE, WHICH TRAVEL WAS CONSIDERED TO BE ADVANTAGEOUS TO THE GOVERNMENT. TWO TRAVEL ORDERS AUTHORIZE NO PER DIEM BECAUSE CAMP SPRINGS, MARYLAND, WAS CONSIDERED TO BE THE LEGAL RESIDENCE OF THE EMPLOYEE. THE OTHER TRAVEL ORDER AUTHORIZED THE MAXIMUM PER DIEM AS AUTHORIZED BY CPR T-3, BUT FURTHER LIMITED THE PER DIEM TO $8 IF THE TEMPORARY DUTY IS PERFORMED IN LESS THAN 24 HOURS NOT INVOLVING REQUIREMENT FOR QUARTERS.

YOUR DOUBT IN THE MATTER AS TO THE PAYMENT OF PER DIEM (ON THE LAST VOUCHER) AND MILEAGE (ON ALL THREE VOUCHERS TO THE EXTENT CLAIMED) ARISES BECAUSE OF THE QUESTION OF THE PLACE OF ABODE FROM WHICH THE CLAIMANT COMMUTES DAILY TO HIS DUTY STATION.

WE HAVE ASCERTAINED FROM MR. FREEDMAN THAT WHILE WORKING AT THE DEFENSE GENERAL SUPPLY CENTER DURING THE MONTH OF FEBRUARY AND UP TO MARCH 4, 1964, BE COMMUTED FROM NEWBERG, MARYLAND, TO RICHMOND, VIRGINIA. BEGINNING MARCH 4, 1964, HE COMMUTED FROM CHESTER, VIRGINIA, TO RICHMOND, VIRGINIA.

CONCERNING PAYMENT OF MILEAGE WHEREVER OFFICIAL TRAVEL IS PERFORMED BY A PRIVATELY-OWNED AUTOMOBILE, PARAGRAPH 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART AS FOLLOWS:

"* * * IN SUCH CASES THE MILEAGE RATE AS AUTHORIZED OR APPROVED MAY BE PAID FROM WHATEVER POINT THE EMPLOYEE OR OTHER PERSON RENDERING SERVICE TO THE GOVERNMENT BEGINS HIS JOURNEY * * *"

IT WILL BE OBSERVED THAT THE TRAVEL ORDERS IN THIS CASE AUTHORIZED TRAVEL FROM THE EMPLOYEE'S HEADQUARTERS, RICHMOND, VIRGINIA, AND RETURN. IN VIEW THEREOF, AND SINCE THE INFORMATION FURNISHED INDICATES THAT THE EMPLOYEE COMMENCED THE TRAVEL FROM HIS HEADQUARTERS IT WOULD BE PROPER TO ALLOW MILEAGE FROM HIS HEADQUARTERS IN RICHMOND, VIRGINIA, AND RETURN. ALSO, IN VIEW OF THE ADDITIONAL INFORMATION FURNISHED BY MR. FREEDMAN HE WOULD BE ENTITLED TO MILEAGE FROM HIS TEMPORARY DUTY STATION TO HIS PLACE OF LODGING, CAMP SPRINGS, MARYLAND, AND RETURN.

AS TO THE PER DIEM ALLOWABLE FOR THE TRAVEL PERFORMED IN MARCH 1964 (TRAVEL ORDER NO. 233) WE NOTE THAT CPR T3.4-3B PROVIDES AS FOLLOWS:

"AN EMPLOYEE WHO PERFORMS TDY AT THE PLACE OF HIS FAMILY DOMICILE WHICH IS OTHER THAN THE PLACE FROM WHICH HE COMMUTES TO WORK EACH DAY WHEN ON DUTY AT HIS OFFICIAL DUTY STATION, MAY BE AUTHORIZED THE PAYMENT OF PER DIEM EVEN THOUGH MEALS OR LODGING ARE TAKEN AT HOME. THE TRAVEL ORDERS SHOULD AUTHORIZE ONLY SUCH PER DIEM AS JUSTIFIED BY THE CIRCUMSTANCES AND SHOULD NOT EXCEED THE AMOUNT REQUIRED TO MEET NECESSARY AUTHORIZED EXPENSES. IF THE TRAVEL ORDERS DO NOT PROVIDE FOR A REDUCED PER DIEM ALLOWANCE, THE ADMINISTRATIVE OFFICIAL APPROVING THE REIMBURSEMENT VOUCHER WILL BE RESPONSIBLE FOR DETERMINING AN APPROPRIATE REDUCTION.'

WE ASSUME FOR THE PURPOSE OF THE ABOVE REGULATION THAT CAMP SPRINGS, MARYLAND, WAS THE FAMILY DOMICILE OF THE EMPLOYEE. SINCE, AS PREVIOUSLY INDICATED, HE DID NOT COMMUTE DAILY FROM CAMP SPRINGS TO RICHMOND AND AS THE TRAVEL ORDER DID NOT SPECIFY A REDUCED PER DIEM (TRAVEL BEING MORE THAN 24 HOURS) THE PER DIEM OTHERWISE ALLOWABLE, APPARENTLY $16 PER DAY, SHOULD BE APPROPRIATELY REDUCED AS REQUIRED BY SUCH REGULATION.

ACTION ON THE VOUCHERS, WHICH ARE RETURNED HEREWITH, SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.