B-167206, JUL. 28, 1969

B-167206, JUL. 28, 1969

CIVIL PAY - TRAVEL BETWEEN RESIDENCE AND TERMINAL - PER DIEM DECISION TO CERTIFYING OFFICER OF THE BUREAU OF MINES, INTERIOR, CONCERNING CLAIM FOR ADDITIONAL PER DIEM FOR TRAVEL TIME BETWEEN OFFICE AND AIRPORT AND AIRPORT AND RESIDENCE INCIDENT TO TEMPORARY DUTY. EMPLOYEE WHO UTILIZED PRIVATELY OWNED VEHICLE FOR TRAVEL CLAIMS ADDITIONAL PER DIEM ON BASIS OF CONSTRUCTIVE TRAVEL BY TAXICAB AND LIMOUSINE. HOWEVER, THE EMPLOYEE'S TRAVEL MUST BE CONSIDERED AS BEGINNING AND ENDING AT AIRPORT AND NO ADDITIONAL PAYMENT IS AUTHORIZED. UNDER 3.5C (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HE IS ENTITLED TO ADDITIONAL MILEAGE AND IS NOT LIMITED TO COST OF LIMOUSINE AND TAXICAB SERVICE.

TO MR. J. E. FOWLER, JR.:

YOUR LETTER OF JUNE 10, 1969, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER FOR $8, REPRESENTING ADDITIONAL PER DIEM, IN FAVOR OF MR. WILLIAM A. VOGELY, AN EMPLOYEE OF THE BUREAU OF MINES.

IN CONNECTION WITH THE PERFORMANCE OF OFFICIAL BUSINESS MR. VOGELY LEFT HIS OFFICE IN WASHINGTON, D.C., AT 4:15 P.M. ON MARCH 4, 1969, AND TRAVELED BY PRIVATELY OWNED VEHICLE TO DULLES AIRPORT, A DISTANCE OF APPROXIMATELY 28 MILES. HIS FLIGHT FROM DULLES AIRPORT TO NEW ORLEANS, LOUISIANA, WAS SCHEDULED TO DEPART AT 6 P.M. ON MARCH 7, 1969, THE EMPLOYEE RETURNED TO WASHINGTON, ARRIVING AT DULLES AIRPORT AT 5:33 P.M. TRAVEL FROM THE AIRPORT TO MR. VOGELY'S RESIDENCE, A DISTANCE OF 24 MILES, WAS PERFORMED BY PRIVATELY OWNED VEHICLE.

ON HIS ORIGINAL VOUCHER THE EMPLOYEE CLAIMED AND WAS ALLOWED MILEAGE AT THE RATE OF 10 CENTS PER MILE FOR THE ROUND-TRIP TRAVEL BY PRIVATELY OWNED VEHICLE BETWEEN HIS OFFICE AND THE AIRPORT ON MARCH 4 AND BETWEEN HIS RESIDENCE AND THE AIRPORT ON MARCH 7. HOWEVER, REIMBURSEMENT FOR EACH ROUND TRIP WAS LIMITED TO A COMBINATION OF ONE-WAY TAXICAB AND LIMOUSINE FARES BETWEEN THE APPLICABLE POINTS.

ALTHOUGH MR. VOGELY ACTUALLY PERFORMED TRAVEL TO AND FROM THE AIRPORT BY PRIVATELY OWNED VEHICLE, HE CLAIMED PER DIEM ON THE BASIS OF CONSTRUCTIVE TRAVEL BY TAXICAB AND LIMOUSINE BETWEEN HIS OFFICE AND THE AIRPORT AT THE START OF HIS TRIP AND BETWEEN HIS RESIDENCE AND THE AIRPORT AT THE END OF HIS TRIP. HAD THE EMPLOYEE ACTUALLY UTILIZED TAXICAB AND LIMOUSINE SERVICE, HIS PER DIEM, IN ALL PROBABILITY, WOULD HAVE COMMENCED AND ENDED AT THE TIMES THE LIMOUSINE WAS SCHEDULED TO DEPART FROM AND ARRIVE AT THE LIMOUSINE TERMINAL. SEE 31 COMP. GEN. 442 AND 40 ID. 128. HOWEVER, IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MR. VOGELY WAS ALLOWED PER DIEM ONLY FOR THE PERIOD FROM 6 P.M. ON MARCH 4 (SCHEDULED TIME OF DEPARTURE FROM DULLES) TO 5:33 P.M. ON MARCH 7 (TIME OF ARRIVAL AT DULLES).

IN SUPPORT OF HIS RECLAIM FOR THE ADDITIONAL PER DIEM THE EMPLOYEE EXPRESSES THE VIEW THAT SINCE HIS MILEAGE PAYMENT FOR TRAVEL TO AND FROM THE AIRPORT WAS LIMITED IN EACH INSTANCE TO THE COST OF ONE-WAY TRAVEL BY TAXICAB AND LIMOUSINE, HIS ALLOWABLE PER DIEM LIKEWISE SHOULD BE COMPUTED ON THE BASIS OF TRAVEL BY TAXICAB AND LIMOUSINE.

SUBSECTION 3.5C (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

"IN LIEU OF THE USE OF A TAXICAB UNDER THE FIRST PARAGRAPH OF SECTION 3.1B, PAYMENT ON A MILEAGE BASIS AT THE RATE OF 10 CENTS PER MILE WILL BE ALLOWED FOR THE ROUND-TRIP MILEAGE OF A PRIVATELY OWNED AUTOMOBILE USED IN CONNECTION WITH AN EMPLOYEE GOING FROM EITHER HIS HOME OR PLACE OF BUSINESS TO A TERMINAL OR FROM A TERMINAL TO EITHER HIS HOME OR PLACE OF BUSINESS. HOWEVER, THE AMOUNT OF REIMBURSEMENT FOR ROUND-TRIP MILEAGE WILL NOT IN EITHER INSTANCE EXCEED THE TAXICAB FARE, INCLUDING TIP, ALLOWABLE UNDER SECTION 3.1B FOR A ONE-WAY TRIP BETWEEN THE APPLICABLE POINTS.'

UNDER THAT REGULATION THE PAYMENT OF MILEAGE FOR ROUND-TRIP TRAVEL TO OR FROM A TERMINAL IS EXPRESSLY LIMITED TO THE AMOUNT OF THE TAXICAB FARE, INCLUDING TIP, ALLOWABLE UNDER SUBSECTION 3.1B FOR A ONE-WAY TRIP. IN THE ABSENCE OF A PROVISION IN THE TRAVEL ORDER REQUIRING THE USE OF LIMOUSINE SERVICE FOR TRAVEL TO AND FROM THE TERMINAL OR AN ADMINISTRATIVE REGULATION ESTABLISHING A SIMILAR REQUIREMENT, THERE EXISTS NO BASIS FOR LIMITING THE PAYMENT OF MILEAGE UNDER SUBSECTION 3.5C (1) TO THE COST OF LIMOUSINE SERVICE OR THE COMBINED COST OF LIMOUSINE AND TAXICAB SERVICE AS WAS DONE IN THE PRESENT CASE. SINCE THERE IS NOTHING IN THE PRESENT RECORD INDICATING THAT THE EMPLOYEE WAS REQUIRED TO USE LIMOUSINE SERVICE FOR TRAVEL TO AND FROM THE AIRPORT, IT APPEARS THAT HE IS ENTITLED TO REIMBURSEMENT OF ADDITIONAL MILEAGE UNDER SUBSECTION 3.5C (1).

SUBSECTION 6.9C OF THE TRAVEL REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

"C. GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, AIRPORT, OR DOCK AND ENDS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS DEPOT, AIRPORT, OR DOCK AT THE CONCLUSION OF A TRIP. HOWEVER, THE FOLLOWING EXCEPTIONS ARE AUTHORIZED:

"/1) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A DEPOT, AIRPORT, OR DOCK LOCATED MORE THAN 50 MILES DISTANT (DETERMINED BY USUALLY TRAVELED MOTOR ROUTE), OFFICIAL TRAVEL FOR COMPUTING PER DIEM ALLOWANCES BEGINS WHEN THE EMPLOYEE ACTUALLY LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN HE RETURNS FROM SUCH DEPOT, AIRPORT, OR DOCK TO HIS HOME, OFFICE, OR OTHER POINT AT THE CONCLUSION OF HIS TRIP.'

AS NOTED ABOVE, MR. VOGELY'S OFFICE AND RESIDENCE ARE LOCATED AT POINTS LESS THAN 50 MILES DISTANT FROM DULLES AIRPORT. THEREFORE, IN ACCORDANCE WITH THE PROVISIONS, QUOTED ABOVE, WHICH HAVE THE FORCE AND EFFECT OF LAW, THE EMPLOYEE'S TRAVEL MUST BE CONSIDERED FOR PER DIEM PURPOSES AS HAVING COMMENCED AT 6 P.M. ON MARCH 4 (DEPARTURE FROM DULLES) AND HAVING ENDED AT 5:33 P.M. ON MARCH 7 (ARRIVAL AT DULLES). HAD THE EMPLOYEE ACTUALLY UTILIZED TAXICAB SERVICE FOR TRAVEL TO AND FROM THE AIRPORT HIS PER DIEM WOULD HAVE BEEN NO GREATER THAN THAT ALLOWABLE FOR TRAVEL BY PRIVATELY OWNED VEHICLE. ACCORDINGLY, THERE IS NO BASIS TO ALLOW THE EMPLOYEE'S CLAIM FOR ADDITIONAL PER DIEM.

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