B-155726, JAN. 19, 1965

B-155726: Jan 19, 1965

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BY PRIVATELY-OWNED AUTOMOBILE ON A MILEAGE BASIS AT THE RATE OF 5 1/2 CENTS PER MILE AND YOUR TRAVEL TIME ALLOWABLE WAS LIMITED TO 5 1/4 DAYS PER DIEM AND SALARY. 890 MILES AT 5 1/2 CENTS PER MILE PLUS PER DIEM OF 5 1/2 DAYS WHICH IS 1/4 DAY PER DIEM MORE THAN AUTHORIZED. YOU WERE ALLOWED $36.95 REIMBURSEMENT FOR FERRY AND TOLL CHARGES AND THE BALANCE OF YOUR CLAIM WAS DISALLOWED. THE AUTHORIZATION OR APPROVAL OF THE USE OF A PRIVATELY-OWNED AUTOMOBILE UPON A MILEAGE BASIS UNDER THE PROVISIONS OF SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE AUTHORIZATION OR APPROVAL OF PER DIEM UNDER SECTION 6.2 OF THE SAME REGULATIONS ARE MATTERS FOR ADMINISTRATIVE DETERMINATION IN THE FIRST INSTANCE.

B-155726, JAN. 19, 1965

TO MR. D. ROBERT HAKALA:

THIS REFERS TO YOUR LETTER OF NOVEMBER 25, 1964, REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT OF JULY 20, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE AND PER DIEM INCIDENT TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE UPON A PERMANENT CHANGE OF STATION.

THE TRAVEL AUTHORIZATION OF JUNE 18, 1962, AUTHORIZED YOU TO TRAVEL FROM MILLBRAC, CALIFORNIA, TO JUNEAU, ALASKA, WITH VARIOUS STOPS EN ROUTE, BY PRIVATELY-OWNED AUTOMOBILE ON A MILEAGE BASIS AT THE RATE OF 5 1/2 CENTS PER MILE AND YOUR TRAVEL TIME ALLOWABLE WAS LIMITED TO 5 1/4 DAYS PER DIEM AND SALARY. YOU ACKNOWLEDGE BEING REIMBURSED ON THE BASIS OF 2,890 MILES AT 5 1/2 CENTS PER MILE PLUS PER DIEM OF 5 1/2 DAYS WHICH IS 1/4 DAY PER DIEM MORE THAN AUTHORIZED. YOU SUBMITTED A CLAIM TO OUR OFFICE FOR THE DIFFERENCE BETWEEN 12 AND 5 1/2 CENTS FOR TRAVEL OF 2,890 MILES AND PER DIEM FOR 3 ADDITIONAL DAYS, PLUS $36.95 FERRY AND TOLL CHARGES. SETTLEMENT OF OUR OFFICE DATED JULY 20, 1964, YOU WERE ALLOWED $36.95 REIMBURSEMENT FOR FERRY AND TOLL CHARGES AND THE BALANCE OF YOUR CLAIM WAS DISALLOWED.

THE AUTHORIZATION OR APPROVAL OF THE USE OF A PRIVATELY-OWNED AUTOMOBILE UPON A MILEAGE BASIS UNDER THE PROVISIONS OF SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE AUTHORIZATION OR APPROVAL OF PER DIEM UNDER SECTION 6.2 OF THE SAME REGULATIONS ARE MATTERS FOR ADMINISTRATIVE DETERMINATION IN THE FIRST INSTANCE.

THE FIGURES OF 5 1/4 DAYS PER DIEM AND 5 1/2 CENTS PER MILE AS SHOWN ON YOUR TRAVEL AUTHORIZATION REPRESENT LAWFUL ADMINISTRATIVE LIMITATIONS. THE LIMITATIONS WERE KNOWN TO YOU PRIOR TO THE TRAVEL WITHOUT ANY ACTION BEING TAKEN ON YOUR PART TO CHALLENGE THE SAME. IN ANY EVENT, OUR OFFICE MUST BE GOVERNED BY THE MILEAGE AND PER DIEM DETERMINED TO BE PROPER FOR THE TRIP HERE INVOLVED.

THEREFORE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR SETTLEMENT OF JULY 20, 1964, DISALLOWING YOUR CLAIM.