B-162521, OCT. 19, 1967

B-162521: Oct 19, 1967

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EMPLOYEE WHO INCIDENT TO CHANGE OF STATION FROM LOS ANGELES TO SAN FRANCISCO WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE AT 12 CENTS A MILE BUT WAS ONLY ALLOWED 8 CENTS A MILE FOR ADVANCE TRIP FOR HOUSE HUNTING PURPOSES MAY NOT BE ALLOWED ADDITIONAL MILEAGE SINCE UNDER ADMINISTRATIVE REGULATIONS ONLY 8 CENTS A MILE IS PAYABLE FOR TRIP FOR HOUSE HUNTING PURPOSES AND AUTHORITY FOR PAYMENT OF 12 CENTS A MILE IS LIMITED TO TRAVEL OF EMPLOYEE IN EFFECTING TRANSFER. THE EMPLOYEE WAS AUTHORIZED TO PERFORM CHANGE OF STATION TRAVEL FROM LOS ANGELES. THE AUTHORIZATION PROVIDED FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE AT THE RATE OF 12 CENTS PER MILE AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT AND PROVIDED FURTHER AS FOLLOWS: "EMPLOYEE AND SPOUSE WILL UTILIZE POV FOR TRANSPORTATION TO NEW DUTY STATION.

B-162521, OCT. 19, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TRAVEL TO LOCATE A RESIDENCE DECISION TO CERTIFYING OFFICER OF NASA CONCERNING CERTIFICATION OF VOUCHER FOR ADDITIONAL MILEAGE FOR ADVANCE ROUND TRIP TO NEW DUTY STATION. EMPLOYEE WHO INCIDENT TO CHANGE OF STATION FROM LOS ANGELES TO SAN FRANCISCO WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED CONVEYANCE AT 12 CENTS A MILE BUT WAS ONLY ALLOWED 8 CENTS A MILE FOR ADVANCE TRIP FOR HOUSE HUNTING PURPOSES MAY NOT BE ALLOWED ADDITIONAL MILEAGE SINCE UNDER ADMINISTRATIVE REGULATIONS ONLY 8 CENTS A MILE IS PAYABLE FOR TRIP FOR HOUSE HUNTING PURPOSES AND AUTHORITY FOR PAYMENT OF 12 CENTS A MILE IS LIMITED TO TRAVEL OF EMPLOYEE IN EFFECTING TRANSFER.

TO MISS BESSIE G. LOSS:

WE REFER TO YOUR LETTER OF SEPTEMBER 19, 1967, REQUESTING ADVICE AS TO THE PRIORITY OF CERTIFYING FOR PAYMENT A SUPPLEMENTAL TRAVEL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. BERNARD C. EISENBERG WHICH INCLUDES AN ITEM FOR ADDITIONAL MILEAGE REIMBURSEMENT FOR ONE ADVANCE ROUND TRIP TO HIS NEW DUTY STATION FOR THE PURPOSE OF OBTAINING PERMANENT RESIDENCE QUARTERS.

BY TRAVEL AUTHORIZATION DATED JANUARY 9, 1967, THE EMPLOYEE WAS AUTHORIZED TO PERFORM CHANGE OF STATION TRAVEL FROM LOS ANGELES, CALIFORNIA, TO SAN FRANCISCO, CALIFORNIA. THE AUTHORIZATION PROVIDED FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE AT THE RATE OF 12 CENTS PER MILE AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT AND PROVIDED FURTHER AS FOLLOWS:

"EMPLOYEE AND SPOUSE WILL UTILIZE POV FOR TRANSPORTATION TO NEW DUTY STATION. HE IS EXPECTED TO USE HIS PRIVATELY OWNED AUTOMOBILE ON OFFICIAL BUSINESS WHILE ASSIGNED TO HIS NEW DUTY ATION.'

THE AUTHORIZATION ALSO PROVIDED FOR REIMBURSEMENT IN ACCORDANCE WITH BUREAU OF THE BUDGET CIRCULAR A-56, OF THE EXPENSES OF AN ADVANCE TRIP TO THE NEW STATION TO OBTAIN PERMANENT RESIDENCE QUARTERS.

THE EMPLOYEE FEELS THAT HE IS ENTITLED TO MILEAGE REIMBURSEMENT AT THE 12 CENT RATE FOR THE ADVANCE ROUND TRIP TRAVEL FOR THE PURPOSE OF OBTAINING PERMANENT RESIDENCE QUARTERS. HOWEVER, MILEAGE CLAIM FOR SUCH ADVANCE TRIP INITIALLY WAS ALLOWED ONLY IN THE AMOUNT OF 8 CENTS PER MILE BASED UPON REGULATIONS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

SECTION 2.3A OF THE REGULATIONS OF BUREAU OF THE BUDGET CONTAINED IN CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES, IN PART, AS FOLLOWS: "PAYMENT OF MILEAGE AND PER DIEM ALLOWANCES, WHEN AUTHORIZED OR APPROVED IN CONNECTION WITH THE TRANSFER, WILL BE ALLOWED AS FOLLOWS:

"/1) MILEAGE ALLOWANCES:

"OCCUPANTS OF AUTOMOBILE MILEAGE RATE (CENTS)

"EMPLOYEE ONLY, OR ONE MEMBER OF

IMMEDIATE FAMILY 6

"EMPLOYEE AND ONE MEMBER, OR TWO

MEMBERS OF IMMEDIATE FAMILY 8

* * * * * * * "HEADS OF DEPARTMENTS MAY, HOWEVER, PRESCRIBE THAT TRAVEL ORDERS OR OTHER ADMINISTRATIVE DETERMINATIONS MAY SPECIFY HIGHER MILEAGE RATES, NOT IN EXCESS OF 12 CENTS, FOR INDIVIDUAL TRANSFERS OF EMPLOYEES OR TRANSFERS OF GROUPS OF EMPLOYEES WHEN---

"/A) EMPLOYEES ARE EXPECTED TO USE THE PRIVATELY OWNED AUTOMOBILES ON OFFICIAL BUSINESS WHILE ASSIGNED TO THE NEW DUTY STATION, OR * * *"

SUCH REGULATIONS FURTHER PROVIDE IN THE CASE OF ADVANCE TRIP TRAVEL THAT IF THE USE OF A PRIVATELY OWNED AUTOMOBILE IS PERMITTED SUCH USE IS DEEMED TO BE ADVANTAGEOUS TO THE GOVERNMENT AND THE MILEAGE ALLOWANCE WHILE EN ROUTE BETWEEN THE OLD AND NEW OFFICIAL STATION LOCATIONS WILL BE AS PROVIDED IN SUBSECTION 2.3A.

THE REGULATION OF NASA UPON WHICH THE ALLOWANCE OF 8 CENTS PER MILE ONLY WAS PREDICATED IS CONSISTENT WITH THE REGULATIONS OF BUREAU OF THE BUDGET QUOTED ABOVE. WE CONCUR IN THE VIEW THAT UNDER THE CONTROLLING REGULATIONS THE AUTHORITY TO PAY MILEAGE AT THE 12 CENTS RATE IS LIMITED TO THE TRAVEL OF THE EMPLOYEE IN EFFECTING THE TRANSFER OF STATION AND THAT ONLY 8 CENTS PER MILE IS PAYABLE FOR THE TRIP FOR HOUSE HUNTING PURPOSES.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.