B-161558, JUL. 21, 1967

B-161558: Jul 21, 1967

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PORTION OF CLAIM FOR TAXI FARE FROM LODGINGS TO PENTAGON MAY NOT BE ALLOWED IN ABSENCE OF AUTHORIZATION THAT USE OF TAXICAB WAS ADVANTAGEOUS TO THE GOVT. ALSO CLAIM FOR ATTORNEY FEE FOR PROSECUTING CLAIM IS FOR DISALLOWANCE. WE HAVE RECEIVED A FURTHER REPORT ON THE FACTS INVOLVED IN YOUR RETURN FROM WIESBADEN ON AUGUST 25 AND 26. ON THE BASIS OF THE INFORMATION NOW BEFORE US IT APPEARS THAT YOUR RETURN FROM WIESBADEN NEED NOT BE HELD TO HAVE BEEN PRIMARILY FOR PERSONAL REASONS. LIMOUSINE FARES AND PER DIEM IN LIEU OF SUBSISTENCE WHICH YOU HAVE CLAIMED IN AN AMOUNT OF $183.25 MAY NOW BE ALLOWED IF OTHERWISE CORRECT. OUR CLAIMS DIVISION WILL ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT FOUND DUE IN DUE COURSE.

B-161558, JUL. 21, 1967

TRAVEL EXPENSES - OVERSEAS EMPLOYEES - PERSONAL V. GOVT. INTEREST CLAIM OF AIR FORCE EMPLOYEE FOR TRAVEL EXPENSES FOR RETURN FROM TEMPORARY DUTY IN WIESBADEN TO WASHINGTON MAY BE ALLOWED ON BASIS OF RECORD SHOWING THAT RETURN NEED NOT BE CONSIDERED PRIMARILY FOR PERSONAL BENEFIT OF EMPLOYEE. HOWEVER, PORTION OF CLAIM FOR TAXI FARE FROM LODGINGS TO PENTAGON MAY NOT BE ALLOWED IN ABSENCE OF AUTHORIZATION THAT USE OF TAXICAB WAS ADVANTAGEOUS TO THE GOVT. ALSO CLAIM FOR ATTORNEY FEE FOR PROSECUTING CLAIM IS FOR DISALLOWANCE.

TO MR. ROBERT R. GRAU:

ON MAY 8, 1967, YOU REQUESTED THAT WE REVIEW THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF YOUR TRAVEL FROM WIESBADEN, GERMANY, TO MOBILE, ALABAMA, IN AUGUST 1966, INCIDENT TO YOUR EARLY RETURN FROM A TEMPORARY DUTY ASSIGNMENT IN WIESBADEN, AS AN EMPLOYEE OF THE EASTERN GEEIA REGION, DEPARTMENT OF THE AIR FORCE.

WE HAVE RECEIVED A FURTHER REPORT ON THE FACTS INVOLVED IN YOUR RETURN FROM WIESBADEN ON AUGUST 25 AND 26, 1966, FROM THE DEPARTMENT OF THE AIR FORCE. ON THE BASIS OF THE INFORMATION NOW BEFORE US IT APPEARS THAT YOUR RETURN FROM WIESBADEN NEED NOT BE HELD TO HAVE BEEN PRIMARILY FOR PERSONAL REASONS. THEREFORE, THE COST OF THAT TRAVEL, INCLUDING AIR TRANSPORTATION, LIMOUSINE FARES AND PER DIEM IN LIEU OF SUBSISTENCE WHICH YOU HAVE CLAIMED IN AN AMOUNT OF $183.25 MAY NOW BE ALLOWED IF OTHERWISE CORRECT. OUR CLAIMS DIVISION WILL ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE AMOUNT FOUND DUE IN DUE COURSE.

YOUR CLAIM FOR THE TAXI FARE OF $2.85 WHICH YOU PAID ON AUGUST 8, 1966, FOR TRAVEL FROM YOUR LODGINGS IN THE WASHINGTON, D.C. AREA TO YOUR PLACE OF DUTY IN THAT AREA (THE PENTAGON) MUST BE DISALLOWED IN VIEW OF THE PROVISIONS OF SECTIONS 3.1D AND 3.4A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH ARE IN PERTINENT PART AS FOLLOWS:

"3.1D. TRANSPORTATION BY BUS OR STREETCAR BETWEEN PLACES OF BUSINESS AT OFFICIAL STATION OR TEMPORARY DUTY STATION, AND BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY DUTY STATION, WILL BE ALLOWED AS A TRANSPORTATION EXPENSE. (CONCERNING TRANSPORTATION BY TAXICAB BETWEEN SUCH PLACES, SEE SEC. 3.4A.)

"3.4 SPECIAL CONVEYANCE.--- A * * *.

"WHILE AN EMPLOYEE IS ON OFFICIAL BUSINESS OUTSIDE HIS DESIGNATED PLACE OF DUTY, THE USE OF TAXICABS BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS, OR BETWEEN PLACES OF BUSINESS, MAY BE ALLOWED IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT. * * *" THE DEPARTMENT OF THE AIR FORCE HAS NOT AUTHORIZED OR APPROVED THE USE OF A TAXICAB FOR THE TRAVEL IN QUESTION AS BEING ADVANTAGEOUS TO THE GOVERNMENT.

REGARDING YOUR CLAIM FOR REIMBURSEMENT OF THE $50 ATTORNEY FEE WHICH YOU INCURRED IN CONNECTION WITH YOUR CLAIM WE ARE AWARE OF NO LAW OR REGULATION UNDER WHICH THE COST OF LEGAL ASSISTANCE IN PROSECUTING A CLAIM AGAINST THE GOVERNMENT MAY PROPERLY BE PAID.