B-164614, JUL. 22, 1968

B-164614, JUL. 22, 1968

TO MR. JOSEPH P. MCGRATH:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 3, 1968, REQUESTING RECONSIDERATION OF OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE IN THE VICINITY OF YOUR HEADQUARTERS DURING THE PERIOD OF JUNE 2 TO 23, 1967, AS AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY.

YOU TRAVELED DIRECTLY FROM YOUR RESIDENCE, WHICH IS NORTH OF YOUR HEADQUARTERS IN NEW YORK CITY, TO VARIOUS TEMPORARY DUTY LOCATIONS NORTH OF YOUR RESIDENCE. THE TRAVEL WAS APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT AND YOU WERE REIMBURSED FOR THE TRAVEL PERFORMED AT THE RATE OF 10 CENTS PER MILE, BUT THERE WAS DEDUCTED FROM SUCH MILEAGE ALLOWANCE THE AMOUNT OF $2 PER DAY FOR 5 DAYS TO COVER THE MILEAGE FROM YOUR RESIDENCE TO YOUR HEADQUARTERS AND RETURN ON THOSE DAYS. YOU BELIEVE YOU ARE DISCRIMINATED AGAINST BY NOT LIVING IN NEW YORK CITY AND CLAIM REFUND OF THE $10 DEDUCTION.

THE DEDUCTION WAS MADE IN ACCORDANCE WITH YOUR REGIONAL OFFICE REGULATION DCRN 5000.3, PARAGRAPH V.E., WHICH PROVIDES AS FOLLOWS:

"WHERE TRAVELER PERFORMS REPEATED OR INTERMITTENT TRAVEL DIRECTLY FROM HIS RESIDENCE TO TEMPORARY DUTY STATION, INSTEAD OF REPORTING TO HIS OFFICIAL DUTY STATION AND THENCE TO THE TEMPORARY DUTY STATION, MILEAGE FOR USE OF A PRIVATELY OWNED VEHICLE MAY BE AUTHORIZED OR APPROVED, PROVIDED THIS MODE OF TRAVEL IS DIRECTED BY THE APPROVING OFFICIAL AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT. HOWEVER, REIMBURSEMENT FOR MILEAGE WILL BE LIMITED TO AN AMOUNT REPRESENTING THE DIFFERENCE BETWEEN REPORTING TO THE TRAVELER'S OFFICIAL DUTY STATION AND THE TEMPORARY DUTY STATION (REF. JTR, VOL. II.).'

WE RECENTLY HAD OCCASION TO CONSIDER THE VALIDITY OF SUCH A LOCAL REGULATION. AFTER CAREFUL CONSIDERATION OF PERTINENT STATUTES, STATUTORY REGULATIONS ISSUED BY THE DIRECTOR, BUREAU OF THE BUDGET, IMPLEMENTING SUCH STATUTES, AND THE JOINT TRAVEL REGULATIONS, WE CONCLUDED IT WAS A PROPER EXERCISE OF THE AGENCY'S DISCRETION TO LIMIT REIMBURSEMENT FOR TRAVEL TO A TEMPORARY DUTY STATION BY THE AMOUNT WHICH SUCH TRAVEL EXCEEDED THE DISTANCE TO AND FROM AN EMPLOYEE'S RESIDENCE TO THE PERMANENT DUTY STATION. SEE B-164189, JUNE 25, 1968, COPY ENCLOSED. IN THE INSTANT CASE WE NOTE THAT UNDER THE REGULATION IN QUESTION AN EMPLOYEE WHO LIVES CLOSER TO HEADQUARTERS THAN YOU WOULD BE ENTITLED TO A LARGER TRAVEL ALLOWANCE FOR TRAVEL TO THE LOCALITIES WHERE YOU PERFORMED TEMPORARY DUTY SOLELY BY VIRTUE OF THE FACT HE WOULD HAVE TRAVELED A LONGER DISTANCE.