B-159093, MAY 23, 1966, 45 COMP. GEN. 721

B-159093: May 23, 1966

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ALTHOUGH THE COMMANDER DOES NOT HAVE AUTHORITY TO MAKE DECISIONS AFFECTING THE MANAGEMENT OF AUDIT AGENCY EMPLOYEES. ANY DECISION BY THE DISTRICT MANAGER OF THE AGENCY CONCERNING LOCAL TRAVEL IS WITHIN THE PURVIEW OF THE REGULATION. REQUESTING AN ADVANCE DECISION AS TO WHETHER THE ENCLOSED VOUCHERS ARE PROPER FOR PAYMENT. THEY WERE EMPLOYED BY THE U.S. ARMY AUDIT AGENCY WHOSE HEADQUARTERS IS IN WASHINGTON. THE DISTRICT OFFICE IN THE PACIFIC DISTRICT IS LOCATED IN HONOLULU. IN WHICH THE CLAIMANTS WERE EMPLOYED. IS ATTACHED TO THE U.S. LOCAL TRAVEL IN THE VICINITY OF THE OFFICIAL DUTY STATION WILL BE AUTHORIZED IN ACCORDANCE WITH AR 55-34 * * * ARMY REGULATION NO. 55-34. THE COMMANDING OFFICER OF AN INSTALLATION OR ACTIVITY WILL DETERMINE WHAT METHODS OF TRANSPORTATION (GOVERNMENT.

B-159093, MAY 23, 1966, 45 COMP. GEN. 721

REGULATIONS - SCOPE - MILITARY REGULATIONS EFFECT ON CIVILIAN ACTIVITIES CIVILIAN AND MILITARY PERSONNEL EMPLOYED BY THE DISTRICT OFFICE OF THE UNITED STATES ARMY AUDIT AGENCY ATTACHED TO THE U.S. ARMY, HAWAII, FOR ADMINISTRATIVE AND LOGISTICAL SUPPORT, MAY NOT BE REIMBURSED THE COST OF USING A PRIVATELY OWNED AUTOMOBILE FOR LOCAL TRAVEL INCIDENT TO OFFICIAL BUSINESS, THE HAWAII ARMY COMMANDER HAVING ISSUED REGULATIONS PRESCRIBING THE USE OF GOVERNMENT TRANSPORTATION FOR OFFICIAL BUSINESS, AND ALTHOUGH THE COMMANDER DOES NOT HAVE AUTHORITY TO MAKE DECISIONS AFFECTING THE MANAGEMENT OF AUDIT AGENCY EMPLOYEES, THE REQUIREMENT FOR USE OF GOVERNMENT TRANSPORTATION IN THE PERFORMANCE OF OFFICIAL DUTIES NOT DIRECTLY AFFECTING EMPLOYEE MANAGEMENT, ANY DECISION BY THE DISTRICT MANAGER OF THE AGENCY CONCERNING LOCAL TRAVEL IS WITHIN THE PURVIEW OF THE REGULATION, AND GOVERNMENT TRANSPORTATION BEING AVAILABLE, EMPLOYEES MAY NOT BE REIMBURSED THE COST OF OPERATING PRIVATELY OWNED AUTOMOBILES ON OFFICIAL BUSINESS.

TO LIEUTENANT COLONEL E. C. HEFFELFINGER, DEPARTMENT OF THE ARMY, MAY 23, 1966:

THIS REFERS TO 1ST INDORSEMENT DATED JUNE 22, 1965, REFERENCE HCFA EM, REQUESTING AN ADVANCE DECISION AS TO WHETHER THE ENCLOSED VOUCHERS ARE PROPER FOR PAYMENT.

THE VOUCHERS REPRESENT CLAIMS BY THREE CIVILIAN EMPLOYEES AND ONE MILITARY PERSONNEL OF THE ARMY FOR REIMBURSEMENT OF LOCAL TRAVEL PERFORMED BY PRIVATELY OWNED AUTOMOBILE IN HONOLULU, HAWAII. THEY WERE EMPLOYED BY THE U.S. ARMY AUDIT AGENCY WHOSE HEADQUARTERS IS IN WASHINGTON, D.C., WITH DISTRICT AND FIELD OFFICES LOCATED THROUGHOUT THE WORLD. THE DISTRICT OFFICE IN THE PACIFIC DISTRICT IS LOCATED IN HONOLULU, HAWAII. THE U.S. ARMY AUDIT AGENCY, HAWAII AREA OFFICE, PACIFIC DISTRICT, IN WHICH THE CLAIMANTS WERE EMPLOYED, IS ATTACHED TO THE U.S. ARMY, HAWAII, FOR ADMINISTRATION AND LOGISTICAL SUPPORT INCLUDING THE ADMINISTRATION OF MILITARY JUSTICE.

DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS CPR T3.3-4A (3) CONCERNING TRAVEL BY PRIVATE CONVEYANCE IN EFFECT AT THE TIME OF THE TRAVEL PROVIDED IN PART AS FOLLOWS:

LOCAL TRAVEL. LOCAL TRAVEL IN THE VICINITY OF THE OFFICIAL DUTY STATION WILL BE AUTHORIZED IN ACCORDANCE WITH AR 55-34 * * *

ARMY REGULATION NO. 55-34, DATED DECEMBER 6, 1962, PARAGRAPH 4A PROVIDES IN PART AS FOLLOWS:

A. THE COMMANDING OFFICER OF AN INSTALLATION OR ACTIVITY WILL DETERMINE WHAT METHODS OF TRANSPORTATION (GOVERNMENT, COMMERCIAL, AND PRIVATE) ARE AVAILABLE LOCALLY AND MAY BE USED ADVANTAGEOUSLY IN THE TRANSACTION OF OFFICIAL BUSINESS. IN MAKING SUCH A DETERMINATION, THE COMMANDING OFFICER WILL TAKE INTO CONSIDERATION RELATIVE COST, GEOGRAPHICAL FACTORS WHICH ARE RELEVANT, POSSIBLE REDUCTIONS WHICH MAY BE MADE IN THE SIZE OF ADMINISTRATIVE MOTOR POOLS, WHICH TYPES OF TRANSPORTATION WILL MAKE POSSIBLE THE MOST EXPEDITIOUS HANDLING OF OFFICIAL BUSINESS, SECURITY CONSIDERATIONS, AND OTHER FACTORS OF A LIKE NATURE * * *.

THE COMMANDER OF THE UNITED STATES ARMY, HAWAII, ISSUED REGULATION NO. 58 -3 PRESCRIBING THE METHOD TO BE USED IN REIMBURSING MILITARY AND CIVILIAN PERSONNEL FOR EXPENSES INCURRED IN PERFORMING TRAVEL WITHIN AND ADJACENT TO THE PERMANENT DUTY STATION WHEN SUCH TRAVEL IS NECESSARY TO CONDUCT OFFICIAL BUSINESS FOR THE DEPARTMENT OF THE ARMY. SECTION II, PARAGRAPH 10, PROVIDES IN PART AS FOLLOWS:

LOCAL TRANSPORTATION IN CONNECTION WITH OFFICIAL BUSINESS, ISLAND OF OAHU. PAYMENT OR REIMBURSEMENT OF LAND TRANSPORT EXPENSES IS NOT AUTHORIZED FOR LOCAL TRAVEL * * * NECESSARY DURING CONDUCT OF OFFICIAL BUSINESS BECAUSE:

A. GOVERNMENT OWNED TRANSPORTATION IS ADEQUATE FOR CONDUCT OF OFFICIAL BUSINESS.

IT IS CLEAR FROM AR 55-34 THAT IT WAS THE INTENT OF THE DEPARTMENT OF THE ARMY TO VEST AUTHORITY IN THE COMMANDING OFFICER OF AN INSTALLATION, WHICH IN THIS CASE WOULD BE THE COMMANDING OFFICER OF THE U.S. ARMY, HAWAII, TO MAKE A DETERMINATION AS TO WHAT TYPE OF TRANSPORTATION MAY BE USED LOCALLY IN THE TRANSACTION OF OFFICIAL BUSINESS. ON THE BASIS OF THE RECORD HERE INVOLVED WE ARE OF THE OPINION THAT THE REGULATION ISSUED BY THE COMMANDING OFFICER WOULD ALSO BE APPLICABLE TO OTHER UNITS AND AGENCIES ATTACHED TO THAT COMMAND. WHILE WE AGREE THAT THE COMMANDING OFFICE, U.S. ARMY, HAWAII, DOES NOT HAVE AUTHORITY TO MAKE DECISIONS AFFECTING THE MANAGEMENT OF EMPLOYEES OF THE U.S. ARMY AUDIT AGENCY ANY DECISION BY THE DISTRICT MANAGER CONCERNING LOCAL TRAVEL WOULD HAVE TO BE WITHIN THE PURVIEW OF THE REGULATION WHICH WOULD BE BINDING ON ALL ATTACHED UNITS. WE CONSIDER THE REQUIREMENT THAT A CERTAIN TYPE OF TRANSPORTATION BE USED IN THE PERFORMANCE OF OFFICIAL DUTIES BY AN INDIVIDUAL DOES NOT DIRECTLY AFFECT THE MANAGEMENT OF EMPLOYEES.

THE COMMANDING OFFICER SAYS THAT GOVERNMENT - OWNED TRANSPORTATION TO ANY POINT ON THE ISLAND OF OAHU WAS AVAILABLE. HE ALSO DETERMINED THIS SERVICE TO BE ADEQUATE FOR OFFICIAL BUSINESS AND IN THE BEST INTEREST OF THE GOVERNMENT TO REQUIRE ITS USE. ALSO, THE DISPATCH RECORDS FOR THE PERIOD THE TRAVEL WAS PERFORMED REVEAL THAT THE U.S. ARMY AUDIT AGENCY PERSONNEL MADE NO REQUEST FOR GOVERNMENT TRANSPORTATION.

THEREFORE, THE VOUCHERS MAY NOT BE PAID AND ARE RETAINED IN THE FILES OF THIS OFFICE.