B-172012, JUL 2, 1971

B-172012, JUL 2, 1971

CIVILIAN PERSONNEL - MOVING EXPENSES - SECOND AUTO DECISION THAT E. L. LASSITER, AN EMPLOYEE OF THE POST OFFICE DEP'T., MAY BE REIMBURSED EXPENSES INCURRED IN THE USE OF A SECOND PRIVATELY OWNED VEHICLE, INCIDENT TO A PERMANENT CHANGE OF STATION FROM ROCKY MOUNT, N.C., TO AUGUSTA, GA. THE BASIS GIVEN BY THE EMPLOYEE FOR USE OF A SECOND PRIVATELY OWNED VEHICLE - I.E., TO TRANSPORT FRAGILE, NONREPLACEABLE ITEMS, AND ITEMS PROHIBITED FROM BEING TRANSPORTED IN INTERSTATE MOVING VANS: NAMELY, GASOLINE CANS, PAINT, ETC. - WHEN CONSIDERED ALONG WITH THE NUMBER OF HIS DEPENDENTS (FOUR), MAY BE HELD TO SATISFY THE CONDITION SET FORTH IN SUBSECTION 2.3B(1) OF OMB CIR. NO. A-56. THEREFORE, PAYMENT MAY BE MADE AT THE RATE OF $.06 PER MILE FOR THE SECOND VEHICLE.

TO MR. P. A. MCCAIN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 23, 1971 (REFERENCE 9132:PAM:BS), WITH ENCLOSURES, REQUESTING OUR ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT AN ITEM DEDUCTED FROM A VOUCHER SUBMITTED BY MR. E. L. LASSITER, AN EMPLOYEE OF THE POST OFFICE DEPARTMENT, REPRESENTING EXPENSES INCURRED IN THE USE OF A SECOND PRIVATELY OWNED AUTOMOBILE INCIDENT TO HIS PERMANENT CHANGE OF STATION.

THE RECORD DISCLOSES THAT EFFECTIVE AUGUST 23, 1969, MR. LASSITER'S OFFICIAL DUTY STATION WAS CHANGED FROM ROCKY MOUNT, NORTH CAROLINA, TO AUGUSTA, GEORGIA. HE REPORTED FOR DUTY ON AUGUST 29, 1969, USING A GOVERNMENT VEHICLE ASSIGNED TO HIM FOR OFFICIAL TRAVEL. MR. LASSITER RETURNED TO HIS OLD DUTY STATION AT HIS OWN EXPENSE, AND ON OCTOBER 31, 1969, ACCOMPANIED BY HIS THREE CHILDREN DROVE ONE OF HIS PRIVATELY OWNED AUTOMOBILES TO HIS NEW DUTY STATION AND CLAIMED A MILEAGE ALLOWANCE OF 12 CENTS PER MILE FOR 349 MILES. ON THE SAME DATE HIS WIFE DROVE THE SECOND AUTOMOBILE TO THE NEW OFFICIAL STATION, AND A CLAIM FOR MILEAGE ALLOWANCE AT THE RATE OF 6 CENTS PER MILE FOR 351 MILES WAS MADE. THE CLAIM FOR MILEAGE ALLOWANCE FOR THE SECOND VEHICLE IS BASED UPON THE CONTENTION OF THE CLAIMANT THAT BOTH VEHICLES WERE USED TO TRANSPORT FRAGILE, NONREPLACEABLE ITEMS AND ITEMS PROHIBITED FROM BEING TRANSPORTED IN INTERSTATE MOVING VANS SUCH AS GASOLINE CANS, PAINT, ETC.

BY TRAVEL AUTHORIZATION DATED OCTOBER 29, 1970, ADMINISTRATIVELY APPROVED BY THE ACTING REGIONAL DIRECTOR, ATLANTA REGIONAL OFFICE, UNITED STATES POSTAL SERVICE, MR. LASSITER WAS AUTHORIZED TO USE PRIVATELY OWNED CONVEYANCE FOR HIS TRAVEL AT THE RATE OF 12 CENTS PER MILE. HE ALSO WAS AUTHORIZED TO USE A SECOND PRIVATELY OWNED AUTOMOBILE FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY AT THE RATE OF 6 CENTS PER MILE. HIS FAMILY WAS LISTED AS CONSTITUTING A WIFE AND THREE CHILDREN. IT WAS NOTED ON THE TRAVEL ORDER AS FOLLOWS: "EMPLOYEE AND THREE CHILDREN IN CAR #1; SPOUSE ONLY IN CAR #2."

CONCERNING REIMBURSEMENT FOR THE USE OF A SECOND AUTOMOBILE, SUBSECTIONS B AND C OF SECTION 2.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A- 56, REVISED JUNE 26, 1969, PROVIDE AS FOLLOWS:

"B. USE OF NO MORE THAN ONE PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED UNDER THIS SECTION AS BEING ADVANTAGEOUS TO THE GOVERNMENT IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL EXCEPT UNDER THE FOLLOWING SPECIAL CIRCUMSTANCES, WHEN USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE MAY BE AUTHORIZED:

"(1) IF THERE ARE MORE MEMBERS OF THE IMMEDIATE FAMILY THAN REASONABLY CAN BE TRANSPORTED, TOGETHER WITH LUGGAGE, IN ONE VEHICLE,

"(2) IF BECAUSE OF AGE OR PHYSICAL CONDITION SPECIAL ACCOMMODATIONS ARE NECESSARY IN TRANSPORTING A MEMBER OF THE IMMEDIATE FAMILY IN ONE VEHICLE, AND A SECOND AUTOMOBILE IS REQUIRED FOR TRAVEL OF OTHER MEMBERS OF THE IMMEDIATE FAMILY,

"(3) IF AN EMPLOYEE MUST REPORT TO A NEW OFFICIAL STATION IN ADVANCE OF TRAVEL BY MEMBERS OF THE IMMEDIATE FAMILY WHO DELAY TRAVEL FOR ACCEPTABLE REASONS, SUCH AS COMPLETION OF SCHOOL TERM; SALE OF PROPERTY; SETTLEMENT OF PERSONAL BUSINESS AFFAIRS; DISPOSAL OR SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS; AND TEMPORARY UNAVAILABILITY OF ADEQUATE HOUSING AT THE NEW OFFICIAL STATION,

"(4) IF A MEMBER OF IMMEDIATE FAMILY PERFORMS UNACCOMPANIED TRAVEL BETWEEN AUTHORIZED POINTS OTHER THAN THOSE FOR THE EMPLOYEE'S TRAVEL,

"(5) IF, IN ADVANCE OF THE EMPLOYEE'S REPORTING DATE, IMMEDIATE FAMILY MEMBERS MUST TRAVEL TO THE NEW OFFICIAL STATION FOR ACCEPTABLE REASONS SUCH AS TO ENROLL CHILDREN IN SCHOOL AT THE BEGINNING OF THE TERM.

"C. IN THOSE INSTANCES WHERE MORE THAN ONE AUTOMOBILE IS AUTHORIZED UNDER 2.3B, THE ALLOWANCES UNDER 2.3A(1) AND (2) APPLY FOR EACH AUTOMOBILE AND THE OCCUPANTS THEREOF."

OUR OPINION IS THAT THE BASIS GIVEN BY THE EMPLOYEE FOR USE OF A SECOND PRIVATE AUTOMOBILE - I.E., TO TRANSPORT FRAGILE, NONREPLACEABLE ITEMS AND ITEMS PROHIBITED FROM BEING TRANSPORTED IN INTERSTATE MOVING VANS: NAMELY, GASOLINE CANS, PAINT, ETC. - WHEN CONSIDERED ALONG WITH THE NUMBER OF HIS DEPENDENTS, MAY BE HELD TO SATISFY THE CONDITION SET FORTH IN SUBSECTION 2.3B(1) QUOTED ABOVE.

IN VIEW OF THE ABOVE AND SINCE AN ADMINISTRATIVE OFFICIAL HAS APPROVED THE USE AND GRANTING OF MILEAGE ALLOWANCE FOR THE TWO PRIVATE AUTOMOBILES BY MR. LASSITER AND HIS FAMILY, WE SEE NO REASON WHY THE ITEM MAY NOT BE PAID IF OTHERWISE PROPER.

WE NOTE FROM THE COPY OF THE VOUCHER SUBMITTED THAT MILEAGE ALLOWANCE FOR CAR #1 IN WHICH MR. LASSITER DROVE HIS THREE CHILDREN WAS ALLOWED AT THE RATE OF 12 CENTS PER MILE. HOWEVER, SECTION 2.3A(1) PROVIDES THAT WHERE THE EMPLOYEE AND TWO MEMBERS, OR THREE MEMBERS OF HIS IMMEDIATE FAMILY OCCUPY AN AUTOMOBILE THE MILEAGE RATE IS 10 CENTS PER MILE. SINCE IN REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION IN AUGUST 1969 THE CLAIMANT DROVE A GOVERNMENT VEHICLE ASSIGNED TO HIM FOR OFFICIAL TRAVEL, HE CANNOT BE CONSIDERED AS AN OCCUPANT OF CAR #1 AT THE TIME HE MOVED HIS FAMILY TO HIS NEW DUTY STATION. THEREFORE, THE MILEAGE ALLOWANCE FOR CAR #1 SHOULD BE AT THE RATE OF 10 CENTS PER MILE AND THE SUM OF $6.98 DEDUCTED FROM THE AMOUNT PAYABLE AS AUTHORIZED HEREIN FOR THE ..END :