B-175573, APR 21, 1972

B-175573: Apr 21, 1972

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THE AMOUNT REPRESENTS THE COST OF INSTALLING AND REMOVING TIRE CHAINS FROM YOUR VEHICLE WHICH YOU STATE WAS REQUIRED BY THE CALIFORNIA DIVISION OF HIGHWAYS ON A CONDITION PRECEDENT TO THE USE OF THE HIGHWAYS. INCIDENT TO THE TRIP YOU WERE AUTHORIZED TO USE YOUR PRIVATELY OWNED VEHICLE ON A MILEAGE BASIS. A MILEAGE RATE AUTHORIZED FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IS IN LIEU OF ACTUAL OPERATING EXPENSES EXCEPT FOR PARKING FEES. THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF THE INSTALLATION AND REMOVAL OF YOUR TIRE CHAINS ($12) WAS PROPER BECAUSE A MILEAGE ALLOWANCE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IS IN LIEU OF ALL THE EXPENSES OF OPERATING SUCH AUTOMOBILE AND REIMBURSEMENT IS PRECLUDED FOR ANY ACTUAL EXPENSES INCURRED OTHER THAN THOSE EXPENSES SPECIFICALLY SET FORTH IN 5 U.S.C. 5704.

B-175573, APR 21, 1972

CIVILIAN EMPLOYEE - TEMPORARY DUTY ASSIGNMENT - TRAVEL EXPENSES - REIMBURSEMENT DECISION DENYING THE CLAIM OF THEODORE F. BOFINGER FOR THE COST OF INSTALLING AND REMOVING TIRE CHAINS INCIDENT TO TEMPORARY DUTY TRAVEL FROM SACRAMENTO, CALIF., TO RENO, NEV., AS AN EMPLOYEE OF THE SOCIAL SECURITY ADMINISTRATION. THE CLAIM MUST BE DENIED SINCE THE PROVISIONS OF 5 U.S.C. 5104 SPECIFICALLY PRECLUDE REIMBURSEMENT FOR ANY ACTUAL EXPENSES INCURRED OTHER THAN PARKING FEES, FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS. COMP. GEN. 139 (1954).

TO MR. THEODORE F. BOFINGER:

ON MARCH 17, 1972, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF FEBRUARY 17, 1972, WHICH DISALLOWED YOUR CLAIM FOR $12 INCIDENT TO YOUR AUTHORIZED TRAVEL FROM SACRAMENTO, CALIFORNIA, TO RENO, NEVADA, AND RETURN WHILE PERFORMING TEMPORARY DUTY AS AN EMPLOYEE OF THE SOCIAL SECURITY ADMINISTRATION.

THE AMOUNT REPRESENTS THE COST OF INSTALLING AND REMOVING TIRE CHAINS FROM YOUR VEHICLE WHICH YOU STATE WAS REQUIRED BY THE CALIFORNIA DIVISION OF HIGHWAYS ON A CONDITION PRECEDENT TO THE USE OF THE HIGHWAYS. INCIDENT TO THE TRIP YOU WERE AUTHORIZED TO USE YOUR PRIVATELY OWNED VEHICLE ON A MILEAGE BASIS.

UNDER THE PROVISIONS OF 5 U.S.C. 5704, A MILEAGE RATE AUTHORIZED FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IS IN LIEU OF ACTUAL OPERATING EXPENSES EXCEPT FOR PARKING FEES, FERRY FARES, AND BRIDGE, ROAD AND TUNNEL TOLLS.

WE NOTE THAT EVEN WHEN A PARTICULAR LAW MIGHT PERMIT THE USE OF A PRIVATELY OWNED AUTOMOBILE ON AN ACTUAL EXPENSE BASIS THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SECTION 4.6C) INDICATE THAT REIMBURSEMENT MAY NOT BE MADE FOR:

" *** CHARGES FOR REPAIRS, DEPRECIATION, REPLACEMENTS, GREASE, ANTIFREEZE, TOWAGE, AND SIMILAR SPECULATIVE EXPENSES *** ."

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF THE INSTALLATION AND REMOVAL OF YOUR TIRE CHAINS ($12) WAS PROPER BECAUSE A MILEAGE ALLOWANCE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IS IN LIEU OF ALL THE EXPENSES OF OPERATING SUCH AUTOMOBILE AND REIMBURSEMENT IS PRECLUDED FOR ANY ACTUAL EXPENSES INCURRED OTHER THAN THOSE EXPENSES SPECIFICALLY SET FORTH IN 5 U.S.C. 5704, NAMELY, PARKING FEES, FERRY FARES, AND BRIDGE, ROAD AND TUNNEL TOLLS. SEE 34 COMP. GEN. 139 (1954); 32 ID. 74 (1952).

IN SUPPORT OF YOUR CLAIM YOU REFER TO 29 COMP. GEN. 440 (1950) WHEREIN IT WAS HELD THAT AN EMPLOYEE WHO, WHILE AT HIS TEMPORARY DUTY STATION IN A MILEAGE STATUS, WAS ORDERED TO OTHER POINTS FOR ADDITIONAL TEMPORARY DUTY WAS CONSIDERED AS HAVING HAD HIS MILEAGE STATUS PRESCRIBED BY ORDERS AUTHORIZING TRAVEL BY PRIVATELY OWNED AUTOMOBILE SUSPENDED SO THAT STORAGE CHARGES INCURRED FOR SUCH PERIOD MAY BE VIEWED AS AN EXTRAORDINARY TRAVEL EXPENSE FOR WHICH REIMBURSEMENT WAS AUTHORIZED. THIS DECISION WOULD NOT BE APPLICABLE TO YOUR CASE SINCE THERE WAS NO SUSPENSION OF MILEAGE STATUS WHILE PERFORMING TEMPORARY DUTY AT OTHER POINTS.

ALSO, B-152432 DATED OCTOBER 12, 1965, CITED BY YOU WOULD NOT BE APPLICABLE TO YOUR CASE SINCE THE EXPENSES INCURRED WHICH WERE REIMBURSED TO THE EMPLOYEE THERE INVOLVED WERE INCIDENT TO THE TRANSPORTATION OF AN AUTOMOBILE FROM AN OVERSEAS DESTINATION AND WERE SPECIFICALLY AUTHORIZED BY OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. SEE SECTION 10.4D.

THE SETTLEMENT OF FEBRUARY 17, 1972, THEREFORE, IS SUSTAINED.