B-164259, JUNE 7, 1968, 47 COMP. GEN. 720

B-164259, JUNE 7, 1968, 47 COMP. GEN. 720

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - DEPENDENTS - MORE THAN ONE AUTOMOBILE - ADVANCE TRAVEL AN EMPLOYEE WHOSE DEPENDENTS, PRIOR TO THE EFFECTIVE DATE OF HIS TRANSFER, TRAVEL TO HIS NEW DUTY STATION BY PRIVATELY OWNED AUTOMOBILE TO ENROLL THE CHILDREN IN A FULL-SCHOOL TERM AT THE NEW STATION HAVING BEEN PAID 12 CENTS PER MILE FOR HIS TRAVEL BY AUTOMOBILE MAY BE AUTHORIZED ADDITIONAL REIMBURSEMENT AT THE RATE OF 4 CENTS PER MILE UNDER PARAGRAPH C6156, JOINT TRAVEL REGULATIONS, WHICH PROVIDES 16 CENTS PER MILE FOR THE USE OF TWO AUTOMOBILES, NOTWITHSTANDING THE REGULATIONS DO NOT CONTAIN AN EXAMPLE INVOLVING A FAMILY TRAVELING EARLIER THAN THE EMPLOYEE, THE ADVANCED TRAVEL FOR THE PURPOSE OF SCHOOL ENROLLMENT HAVING BEEN ADMINISTRATIVELY APPROVED AS AN ACCEPTABLE REASON FOR AUTHORIZING THE USE OF TWO AUTOMOBILES.

TO CAPTAIN JAN W. BRASSEM, DEPARTMENT OF THE AIR FORCE, JUNE 7, 1968:

THIS REFERS TO YOUR LETTER OF FEBRUARY 2, 1968, REFERENCE BCRF, REQUESTING OUR DECISION AS TO WHETHER A VOUCHER FOR $30.60 IN FAVOR OF MR. HARVEL H. BROWN, AN EMPLOYEE OF YOUR AGENCY, MAY BE PAID.

BY ORDERS DATED AUGUST 18, 1967, MR. BROWN WAS TRANSFERRED FROM WHITEMAN AIR FORCE BASE, MISSOURI, TO ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA, EFFECTIVE OCTOBER 1, 1967. THE ORDERS AUTHORIZED REIMBURSEMENT OF EXPENSES UNDER PUBLIC LAW 89-516, 80 STAT. 323, 5 U.S.C. 5724, INCLUDING THOSE FOR SHIPMENT OF HOUSEHOLD GOODS IN ANTICIPATION OF A PERMANENT CHANGE OF STATION.

THE EMPLOYEE'S DEPENDENTS TRAVELED TO THE NEW STATION BY PRIVATELY OWNED AUTOMOBILE DURING THE PERIOD AUGUST 28 THROUGH 30, 1967, SO THAT THE EMPLOYEE'S CHILDREN COULD START A FULL TERM OF SCHOOL AT THE NEW DUTY STATION. THE EMPLOYEE, WHO TRAVELED BY AUTOMOBILE DURING THE PERIOD OCTOBER 2 THROUGH 4, 1967, WAS PAID AN ALLOWANCE FOR TRAVEL BY ONE AUTOMOBILE AT THE RATE OF 12 CENTS PER MILE FOR 765 MILES. HE NOW SEEKS ADDITIONAL REIMBURSEMENT AT THE RATE OF 4 CENTS PER MILE ON THE GROUND THAT 16 CENTS PER MILE CAN BE AUTHORIZED FOR THE USE OF TWO AUTOMOBILES.

YOU STATE THAT PARAGRAPH C6156, JOINT TRAVEL REGULATIONS (JTR), WHICH OUTLINES CONDITIONS UNDER WHICH THE USE OF A SECOND VEHICLE MAY BE AUTHORIZED, CITES AN EXAMPLE INVOLVING A FAMILY TRAVELING AT A LATER DATE THAN THE EMPLOYEE. HOWEVER, SINCE THE REGULATIONS DO NOT CONTAIN AN EXAMPLE WHERE THE FAMILY TRAVELS EARLIER THAN THE EMPLOYEE, YOU EXPRESS DOUBT AS TO WHETHER THE VOUCHER MAY BE PAID. PARAGRAPH C6156, JTR, IS IN ACCORD WITH SUBSECTION 2.3B, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

WE NOTE THAT BEFORE 1966 THE REGULATIONS CITED DID NOT INCLUDE SPECIFIC EXAMPLES COVERING THE USE OF TWO AUTOMOBILES, ALTHOUGH REIMBURSEMENT FOR SUCH USE WAS PROPER UNDER CERTAIN CIRCUMSTANCES PRIOR TO 1966. SEE 32 COMP. GEN. 342; 38 ID. 542.

WE BELIEVE THE EXAMPLES IN THE REGULATIONS WERE INTENDED TO ILLUSTRATE THE NORMAL CIRCUMSTANCES UNDER WHICH THE MEMBERS OF THE FAMILY COULD TRAVEL SEPARATELY WHEN THE GOVERNMENT'S INTEREST SO REQUIRED, AND DO NOT PRECLUDE REIMBURSEMENT FOR SEPARATE TRAVEL IN A SITUATION SUCH AS HERE INVOLVED. WE NOT THAT PRIOR TO THE PROMULGATION OF THE CITED REGULATIONS MILEAGE FOR THE USE OF TWO AUTOMOBILES WAS AUTHORIZED WHEN THE EMPLOYEE'S DEPENDENTS TRAVELED TO THE NEW STATION BEFORE HIM BECAUSE IT WAS NECESSARY FOR MEMBERS TO BE AT THE OLD AND NEW STATIONS TO PROPERLY HANDLE THE SALE OF THE RESIDENCE AT THE OLD STATION AND THE PURCHASE OF A RESIDENT AT THE NEW STATION. SEE B-137998, DECEMBER 9, 1958.

IN VIEW OF THE ABOVE AND SINCE AN ADMINISTRATIVE OFFICIAL HAS APPROVED THE ADVANCE TRAVEL FOR THE PURPOSE OF SCHOOL ENROLLMENT AS AN ACCEPTABLE REASON FOR THE AUTHORIZATION OF TWO AUTOMOBILES, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID IF OTHERWISE PROPER.