B-158659, APR. 22, 1966

B-158659: Apr 22, 1966

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ADMINISTRATIVELY WAS DISALLOWED ON MR. THAT ACTION WAS BASED UPON THE MILEAGE LIMITATION IN HIS TRAVEL AUTHORIZATION NO. NIELSEN'S RETURN TRAVEL AUTHORITY WAS CHANGED ON DECEMBER 11. A SECOND PARAGRAPH WAS ADDED TO THE PURPOSE AND REMARKS IN ITEM 10. SUCH WEIGHT APPARENTLY WOULD HAVE CAUSED A CONSIDERABLE AMOUNT OF EXCESS BAGGAGE IF HE HAD TRAVELED TO AND FROM PHOENIX BY AIR. AS-153 AS WRITTEN ON OCTOBER 2 HAD NOT BEEN FORWARDED TO REDDING BUT WAS BEING HELD IN ARIZONA AND WAS GIVEN TO MR. WAS NOT AWARE OF ALL THE CIRCUMSTANCES OF MR. THAT THE SAME PROPERTY WAS TRANSPORTED BOTH TO AND FROM PHOENIX.

B-158659, APR. 22, 1966

TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF LAND MANAGEMENT UNITED STATES DEPARTMENT OF THE INTERIOR:

THIS REFERS TO YOUR LETTER OF FEBRUARY 28, 1966, AND ENCLOSURES, REFERENCE D 736B-2, AP 02-02-201, REQUESTING OUR DECISION WHETHER THE ENCLOSED TRAVEL RECLAIM VOUCHER FOR $32.34 MAY BE CERTIFIED FOR PAYMENT TO MR. GEORGE W. NIELSEN.

THAT SUM REPRESENTS MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE WHICH, ON NOVEMBER 2, 1964, ADMINISTRATIVELY WAS DISALLOWED ON MR. NIELSEN'S VOUCHER DATED OCTOBER 23, 1964. THAT ACTION WAS BASED UPON THE MILEAGE LIMITATION IN HIS TRAVEL AUTHORIZATION NO. AS-153, DATED OCTOBER 2, 1964. ITEM 16 (C) AUTHORIZED TRAVEL BY PRIVATELY-OWNED AUTOMOBILE AT 8 CENTS PER MILE NOT TO EXCEED COST BY COMMON CARRIER FROM REDDING, CALIFORNIA, TO PHOENIX, ARIZONA, AND RETURN. HOWEVER, FOR THE REASONS INDICATED IN THE MEMORANDUM DATED DECEMBER 11, 1964, REFERENCE 1382.21 (ADM) APPROVED BY THE STATE DIRECTOR, AND WHICH, APPARENTLY FOR THE FIRST TIME, EXPLAINED TO THE STATE DIRECTOR THE FACTS RELATING TO THE OFFICIAL EQUIPMENT, MR. NIELSEN'S RETURN TRAVEL AUTHORITY WAS CHANGED ON DECEMBER 11, 1964. TRAVEL AUTHORIZATION NO. AS-153-1 OF THAT DATE, SIGNED BY THE ACTING REGIONAL DIRECTOR, OMITTED THE LIMITATION OF ITEM 16/C). ITEM 16/A) AUTHORIZED AUTOMOBILE TRAVEL AT 8 CENTS PER MILE, ADMINISTRATIVELY DETERMINED TO BE TO THE ADVANTAGE OF THE GOVERNMENT, AND A SECOND PARAGRAPH WAS ADDED TO THE PURPOSE AND REMARKS IN ITEM 10, AS FOLLOWS:

"TO AMEND AUTHORIZATION NO. AS-153 DATED OCTOBER 2, 1964, TO ALLOW MILEAGE (ITEM 16A) ON RETURN TRIP (PHOENIX TO REDDING) AS AN ADVANTAGE TO THE GOVERNMENT. EMPLOYEE CARRYING AND RETURNING SEVERAL HUNDRED POUNDS OF EQUIPMENT AND SUPPLIES BROUGHT FROM HIS BLM HEADQUARTERS (REDDING DISTRICT OFFICE).'

THE RECORD SHOWS THAT, PRIOR TO MR. NIELSEN'S DEPARTURE ON OCTOBER 9 FROM REDDING BY AUTOMOBILE, THE ARIZONA STATE OFFICE AT PHOENIX REQUESTED MR. NIELSEN TO BRING CERTAIN LIBRARY MATERIAL, SAMPLING GEAR AND EQUIPMENT WHICH WOULD BE BENEFICIAL TO THE MINERAL EXAMINATION CALLED FOR IN THE REFERENCED COURT ORDER, CIVIL NO. 4883-PHX. MR. NIELSEN SAYS SUCH MATERIAL AND EQUIPMENT WEIGHED MORE THAN 200 POUNDS. SUCH WEIGHT APPARENTLY WOULD HAVE CAUSED A CONSIDERABLE AMOUNT OF EXCESS BAGGAGE IF HE HAD TRAVELED TO AND FROM PHOENIX BY AIR. ON OCTOBER 9 THE TRAVEL AUTHORIZATION NO. AS-153 AS WRITTEN ON OCTOBER 2 HAD NOT BEEN FORWARDED TO REDDING BUT WAS BEING HELD IN ARIZONA AND WAS GIVEN TO MR. NIELSEN UPON HIS ARRIVAL AT PHOENIX WITHOUT MODIFICATION OF THE ITEM 16/C) RESTRICTION.

HOWEVER, THE RECORD INDICATES THE TRAVEL AUTHORIZING OFFICIAL WHEN HE SIGNED THE AUTHORIZATION NO. AS-153 DATED OCTOBER 2, 1964, WAS NOT AWARE OF ALL THE CIRCUMSTANCES OF MR. NIELSEN'S DEPARTURE FROM REDDING; THAT THE DISTRICT MANAGER HAD ORALLY INFORMED MR. NIELSEN THAT HE WOULD BE ALLOWED 8 CENTS PER MILE; AND THAT THE SAME PROPERTY WAS TRANSPORTED BOTH TO AND FROM PHOENIX.

THEREFORE, IN THE CIRCUMSTANCES OF THIS CASE, AS SET FORTH HEREIN, THE RECLAIM VOUCHER WITH ENCLOSURES, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.