B-158680, APR. 14, 1966

B-158680, APR. 14, 1966

TO LIEUTENANT COMMANDER KARL A. JOHNSON, NAVY FINANCE OFFICER:

WE HAVE RECEIVED THROUGH THE COMMANDER, PACIFIC MISSILE RANGE, POINT MUGU, CALIFORNIA, FILE 135/SY 921, AND COMPTROLLER OF THE NAVY, NCFS3411, A VOUCHER IN THE SUM OF $4 IN FAVOR OF HARRY C. PERRY, AN EMPLOYEE AT POINT MUGU, CALIFORNIA. THE AMOUNT REPRESENTS A PER DIEM RECLAIM FOR ONE- QUARTER DAY ON NOVEMBER 30, 1965, WHICH WAS NOT ALLOWED ON BUREAU VOUCHER NO. 13244 BY WHICH YOU MADE PAYMENT TO MR. PERRY FOR OTHER ITEMS INCIDENT TO TRAVEL UNDER ORDER COMPMR T-1340 0198 DATED NOVEMBER 29, 1965.

SO FAR AS PERTINENT HERE IT APPEARS THAT MR. PERRY DEPARTED POINT MUGU VIA GOVERNMENT PROVIDED RENTAL AUTOMOBILE AT 11 A.M. ON NOVEMBER 30, AND ARRIVED AT THE LOS ANGELES INTERNATIONAL AIRPORT AT 12:15 P.M. FROM WHICH HE DEPARTED VIA COMMERCIAL AIR FOR WASHINGTON, D.C., AT 1 P.M. THE SAME DAY. HIS PER DIEM WAS COMPUTED ON THE BASIS OF THE DEPARTURE TIME FROM LOS ANGELES RATHER THAN FROM POINT MUGU. THE RECLAIM IS SUBMITTED AS BEING REPRESENTATIVE OF THE PROBLEM ENCOUNTERED IN COMPUTING PER DIEM FOR OFFICIAL TRAVEL ORIGINATING AND ENDING AT POINT MUGU. THE PERTINENT FACTS AND CIRCUMSTANCES ARE SET FORTH IN THE MEMORANDUM OF JANUARY 12, 1966, FROM THE COMMANDER, PACIFIC MISSILE RANGE, TO THE COMPTROLLER OF THE NAVY, AS FOLLOWS:

"1. NO ADEQUATE COMMERCIAL TRANSPORTATION IS AVAILABLE BETWEEN THE POINT MUGU AREA AND THE LOS ANGELES INTERNATIONAL AIRPORT. TO OBVIATE THIS INADEQUACY, THIS ACTIVITY HAS A CONTRACT WITH AN AUTOMOBILE RENTAL AGENCY THAT PROVIDES FOR USE OF THE RENTAL AGENCY'S AUTOMOBILES ON A REGULAR BASIS BETWEEN THE PACIFIC MISSILE RANGE (PMR), POINT MUGU, AND THE LOS ANGELES INTERNATIONAL AIRPORT ON OFFICIAL TRAVEL ONLY. PROVISIONS OF THE CONTRACT PROVIDE THAT AUTOMOBILES PICKED UP AT THE AIRPORT FOR TRANSPORATION TO POINT MUGU WILL BE DELIVERED TO POINT MUGU AND RETAINED IN DEAD STORAGE FOR RETURN TRIPS TO THE AIRPORT.

"2. IN CONSONANCE WITH THE CONTRACT, THE COMMANDER, PMR HAS DESIGNATED ONE LOCATION ON THE POINT MUGU BASE AT WHICH RENTAL VEHICLES ARE PICKED UP FOR THE TRIP TO THE AIRPORT; RETURNED TO UPON COMPLETION OF TRIP FROM THE AIRPORT; AND, WHICH IS THE DEAD STORAGE AREA FOR THE RENTAL AGENCY'S VEHICLES PENDING THE TRAVELER'S PICK-UP. THE RENTAL CARS ARE AUTHORIZED ONLY FOR TRAVEL DEPARTING POINT MUGU TO THE AIRPORT. DEPARTURES FROM POINT MUGU ARE SCHEDULED WITH MAXIMUM PASSENGER LOADING AS REQUIRED AND FEASIBLE TO MEET AIRCRAFT DEPARTURE SCHEDULES. THE LOCATION ON POINT MUGU FOR THESE PURPOSES CONSTITUTES, IN EFFECT, THE TRANSPORTATION TERMINAL FOR PERSONNEL TRAVELING FROM AND TO POINT MUGU.

"3. REFERENCE (A) (C10104 JTR) PROVIDES THAT PER DIEM COMPUTATION WILL BE BASED ON DEPARTURE TIME FROM OR ARRIVAL AT A TRANSPORTATION TERMINAL. ENCLOSURE (1) IS A RECENT TRAVEL CLAIM SUBMITTED FOR TRAVEL FROM POINT MUGU. PER DIEM PAYMENT ON THIS CLAIM WAS PAID, BASED ON COMPUTATION THAT THE DEPARTURE TIME WAS MADE AT LOS ANGELES AIRPORT AND NOT THE RENTAL AGENCY TERMINAL AT POINT MUGU.'

SINCE NO OTHER COMMERCIAL TRANSPORTATION IS AVAILABLE BETWEEN THESE POINTS OUR DECISION IS REQUESTED AS TO WHETHER THE CAR RENTAL TERMINAL LOCATION AT POINT MUGU MAY BE CLASSIFIED AS THE TRANSPORTATION TERMINAL FOR PER DIEM PURPOSES WHEN GOVERNMENT PROVIDED RENTAL CARS ARE USED. IS UNDERSTOOD THAT THE DISTANCE BETWEEN THE TWO POINTS IN QUESTION IS MORE THAN 50 MILES. WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MODE OF TRANSPORTATION FOR TRAVEL TO AND FROM THE CARRIER TERMINAL AND THE DISTANCE EXCEEDS 50 MILES OVER THE USUALLY TRAVELED MOTOR ROUTE SECTION C10404-2 PROVIDES THAT, SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (D) THEREOF, OFFICIAL TRAVEL FOR PER DIEM COMPUTATION SHALL BEGIN AT THE TIME OF ACTUALLY LEAVING HOME, OFFICE OR OTHER POINT FOR THE TRANSPORTATION TERMINAL AND WILL END UPON RETURN FROM THE TRANSPORTATION TERMINAL TO HIS HOME, OFFICE OR OTHER POINT AT THE CONCLUSION OF THE TRIP. SEE SECTION 6.90 (2) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO THE SAME EFFECT.

WHILE IT IS NOT SO STATED, WE ASSUME THAT SUCH REGULATION WAS NOT APPLIED IN MR. PERRY'S CASE FOR THE REASON THAT THE GOVERNMENT RENTED CAR SERVICE FURNISHED WAS REGARDED AS A SCHEDULED MODE OF TRANSPORTATION. ON THE BASIS OF THE FACTS SUBMITTED WE DO NOT AGREE. ALTHOUGH IT IS STATED THAT DEPARTURES FROM POINT MUGU "ARE SCHEDULED WITH MAXIMUM PASSENGER LOADING AS REQUIRED AND FEASIBLE TO MEET AIRCRAFT DEPARTURE SCHEDULES," IT DOES NOT APPEAR THAT THE SERVICE IS MAINTAINED ON AN HOURLY, DAILY OR OTHER ESTABLISHED SCHEDULES BUT THAT THE AUTOMOBILES ARE AVAILABLE ONLY FOR OFFICIAL TRAVEL AND ARE USED ONLY WHEN THE NECESSITY THEREFOR ARISES. OTHERWISE, THE CARS REMAIN IN "DEAD STORAGE.' UNDER THE CIRCUMSTANCES IT IS OUR VIEW THAT SUCH SERVICE CONSTITUTES A NONSCHEDULED MODE OF TRANSPORTATION WITHIN THE MEANING OF THE CITED REGULATION AND SHOULD BE SO CONSIDERED FOR PER DIEM COMPUTATION PURPOSES.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.