B-163085, JAN. 17, 1968

B-163085: Jan 17, 1968

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THE RESTRICTION AGAINST REIMBURSEMENT FOR COSTS OF LOCAL TRAVEL IF NOT CLAIMED PRIOR TO THE 5TH WORKDAY OF THE SUCCEEDING MONTH IN C 10009.1 JTR IS NOT FOR APPLICATION SINCE THE RESTRICTION WAS INTENDED TO COVER INTERMITTENT TRAVEL IN AND AROUND HEADQUARTERS RATHER THAN TRAVEL TO A TEMPORARY DUTY ASSIGNMENT. MILEAGE MAY BE PAID IF THE USE OF THE AUTOMOBILE IS APPROVED AS HAVING BEEN ADVANTAGEOUS TO THE U.S. ALBANO WAS NOT OFFICIALLY ASSIGNED TO TEMPORARY DUTY IN NORTHAMPTON. HE WAS NOT OFFICIALLY TRANSFERRED TO THAT PLACE. HIS PRESENT CLAIM FOR REIMBURSEMENT DURING THE PRIOR PERIOD WHEN HE WAS ASSIGNED TO NORTHAMPTON UNDER THE SAME CIRCUMSTANCES HAS BEEN ADMINISTRATIVELY RECOMMENDED FOR ALLOWANCE.

B-163085, JAN. 17, 1968

MILEAGE - TEMPORARY DUTY DECISION TO DEFENSE SUPPLY AGENCY FINANCE OFFICER CONCERNING REIMBURSING EMPLOYEE FOR MILEAGE FOR ROUND-TRIP TRAVEL ON DAILY BASIS BETWEEN OFFICIAL STATION, CHICOPEE, MASS., AND NORTHAMPTON, MASS. FOR PERIOD JAN. - OCT. 1966. WHERE EMPLOYEE TRAVELS BETWEEN HIS HOME AND TEMPORARY DUTY STATION FOR AN EXTENDED PERIOD, THE RESTRICTION AGAINST REIMBURSEMENT FOR COSTS OF LOCAL TRAVEL IF NOT CLAIMED PRIOR TO THE 5TH WORKDAY OF THE SUCCEEDING MONTH IN C 10009.1 JTR IS NOT FOR APPLICATION SINCE THE RESTRICTION WAS INTENDED TO COVER INTERMITTENT TRAVEL IN AND AROUND HEADQUARTERS RATHER THAN TRAVEL TO A TEMPORARY DUTY ASSIGNMENT. THEREFORE, MILEAGE MAY BE PAID IF THE USE OF THE AUTOMOBILE IS APPROVED AS HAVING BEEN ADVANTAGEOUS TO THE U.S.

TO MAJOR ROBERT E. MALSBURY:

WE REFER TO YOUR LETTER OF NOVEMBER 27, 1967, YOUR REFERENCE DCRBFR, BY WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PAY THE TRAVEL VOUCHER OF MR. JOSEPH M. ALBANO, AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, DEPARTMENT OF DEFENSE, TO REIMBURSE HIM AT THE RATE OF 10 CENTS PER MILE FOR ROUND- TRIP TRAVEL PERFORMED DURING THE PERIOD JANUARY 26, 1966, TO OCTOBER 31, 1966, ON A DAILY BASIS BETWEEN HIS OFFICIAL STATION IN CHICOPEE, MASSACHUSETTS AND NORTHAMPTON, MASSACHUSETTS WHERE HE HAD BEEN DIRECTED TO PERFORM HIS DUTIES.

APPARENTLY AS A RESULT OF ADMINISTRATIVE OVERSIGHT MR. ALBANO WAS NOT OFFICIALLY ASSIGNED TO TEMPORARY DUTY IN NORTHAMPTON. FURTHER, HE WAS NOT OFFICIALLY TRANSFERRED TO THAT PLACE. HE HAS BEEN ALLOWED ROUND-TRIP MILEAGE FOR EACH DAY'S TRAVEL BETWEEN HIS OFFICIAL STATION AND THE SITE OF HIS WORK -- SUCH MILEAGE BEING LESS THAN FROM HIS HOME TO THE SITE OF HIS WORK -- FOR THE MONTHS OF NOVEMBER AND DECEMBER 1966. HIS PRESENT CLAIM FOR REIMBURSEMENT DURING THE PRIOR PERIOD WHEN HE WAS ASSIGNED TO NORTHAMPTON UNDER THE SAME CIRCUMSTANCES HAS BEEN ADMINISTRATIVELY RECOMMENDED FOR ALLOWANCE.

YOU HAVE NOT REIMBURSED MR. ALBANO FOR TRAVEL PERFORMED BEFORE NOVEMBER 1966 BECAUSE PARAGRAPH C10009.1 OF VOLUME II OF THE JOINT TRAVEL REGULATIONS REQUIRES THAT ALL CLAIMS FOR REIMBURSEMENT OF THE COSTS OF LOCAL TRAVEL WILL BE MADE NOT LATER THAN THE 5TH WORKDAY OF THE MONTH FOLLOWING THAT IN WHICH SUCH COSTS WERE INCURRED.

IN THE CIRCUMSTANCES OF THIS CASE MR. ALBANO'S DUTY IN NORTHAMPTON SHOULD BE VIEWED AS A TEMPORARY DUTY ASSIGNMENT. THE RESTRICTION ON REIMBURSEMENT OF CLAIMS AS CONTAINED IN PARAGRAPH C10009.1 OF THE JOINT TRAVEL REGULATIONS IS APPLICABLE TO TRAVEL PERFORMED IN "TRANSACTING OFFICIAL BUSINESS IN THE LOCALITY OF THE PERMANENT DUTY STATION.' THAT RESTRICTION WAS APPARENTLY INTENDED TO COVER INTERMITTENT TRAVEL IN AND AROUND AN EMPLOYEE'S HEADQUARTERS NOT INVOLVING A TEMPORARY DUTY ASSIGNMENT. WE DO NOT BELIEVE THAT THAT RESTRICTION NEED BE APPLIED IN THIS CASE WHERE THE TRAVEL INVOLVED WAS BETWEEN THE EMPLOYEE'S RESIDENCE AND HIS TEMPORARY DUTY STATION.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID IF OTHERWISE CORRECT AND PROVIDED THAT THE USE OF HIS AUTOMOBILE FOR THE TRAVEL IN QUESTION IS APPROVED AS HAVING BEEN ADVANTAGEOUS TO THE UNITED STATES.