B-181842, NOV 20, 1974

B-181842: Nov 20, 1974

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IT IS SUBSEQUENTLY DETERMINED THAT THIS RATE IS INCONSISTENT WITH A 10-CENTS-PER-MILE RATE PRESCRIBED BY JTR UNDER THE CONDITIONS OF HIS TRAVEL. THEN THE RATE INTENDED AND CONTROLLING WILL BE IN ACCORDANCE WITH PARAGRAPH C8200-3A. WASZKIEWICZ - ADDITIONAL MILEAGE EXPENSES: THIS ACTION IS IN RESPONSE TO A REQUEST BY MR. WAS AUTHORIZED TO TRAVEL FROM FAIRBANKS TO WARREN. HE WAS ACCOMPANIED BY HIS WIFE AND FOUR CHILDREN WHO TRAVELLED WITH HIM. TRAVEL WAS PERFORMED BY USE OF TWO PRIVATELY OWNED AUTOMOBILES FOR WHICH MR. IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED. WILL BE ALLOWED AS FOLLOWS: "1. $0.06 PER MILE WHEN EMPLOYEE ONLY. THESE MILEAGE ALLOWANCES ARE FOR THE USE OF ONE PRIVATELY OWNED AUTOMOBILE ONLY FOR EACH HOUSEHOLD.

B-181842, NOV 20, 1974

WHEN AN EMPLOYEE'S TRAVEL ORDERS AUTHORIZE THE USE OF TWO PRIVATELY OWNED VEHICLES AT THE RATE OF 12 CENTS PER MILE TO TRANSPORT HIMSELF AND FIVE MEMBERS OF HIS IMMEDIATE FAMILY FROM FAIRBANKS, ALASKA, TO WARREN, PENNSYLVANIA, AND IT IS SUBSEQUENTLY DETERMINED THAT THIS RATE IS INCONSISTENT WITH A 10-CENTS-PER-MILE RATE PRESCRIBED BY JTR UNDER THE CONDITIONS OF HIS TRAVEL, THEN THE RATE INTENDED AND CONTROLLING WILL BE IN ACCORDANCE WITH PARAGRAPH C8200-3A, VOLUME 2 OF THE JTR, AT 10 CENTS PER MILE.

EDMUND H. WASZKIEWICZ - ADDITIONAL MILEAGE EXPENSES:

THIS ACTION IS IN RESPONSE TO A REQUEST BY MR. EDMUND H. WASZKIEWICZ FOR RECONSIDERATION OF SETTLEMENT CERTIFICATE Z-2447894, MAY 31, 1974, ISSUED BY THE TRANSPORTATION AND CLAIMS DIVISION OF THE UNITED STATES GENERAL ACCOUNTING OFFICE WHICH DISALLOWED HIS CLAIM FOR ADDITIONAL MILEAGE ALLOWANCE INCURRED INCIDENT TO A TRANSFER OF DUTY STATION.

THE RECORD SHOWS THAT BY TRAVEL ORDER NO. AB-75, DATED JULY 24, 1973, MR. WASZKIEWICZ, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, FAIRBANKS, ALASKA, WAS AUTHORIZED TO TRAVEL FROM FAIRBANKS TO WARREN, PENNSYLVANIA, FOR SEPARATION. HE WAS ACCOMPANIED BY HIS WIFE AND FOUR CHILDREN WHO TRAVELLED WITH HIM. TRAVEL WAS PERFORMED BY USE OF TWO PRIVATELY OWNED AUTOMOBILES FOR WHICH MR. WASZKIEWICZ HAS BEEN REIMBURSED AT THE RATE OF 10 CENTS PER MILE FOR EACH AUTOMOBILE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH C8200-3A3 OF THE JOINT TRAVEL REGULATIONS (JTR), VOLUME 2, CHANGE 78, DATED APRIL 1, 1972, IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED.

PARAGRAPH C8200-3A, VOLUME 2, JTR, PROVIDES IN PERTINENT PART AS FOLLOWS:

"3. PERMANENT DUTY TRAVEL

"A. TRAVEL BY PRIVATELY OWNED AUTOMOBILE. EXCEPT FOR RENEWAL AGREEMENT TRAVEL, MILEAGE ALLOWANCES FOR PERMANENT DUTY TRAVEL BY PRIVATELY OWNED AUTOMOBILE, WHEN AUTHORIZED OR APPROVED, WILL BE ALLOWED AS FOLLOWS:

"1. $0.06 PER MILE WHEN EMPLOYEE ONLY, OR ONE MEMBER OF IMMEDIATE FAMILY ONLY OCCUPIES THE AUTOMOBILE;

"2. $0.08 PER MILE WHEN EMPLOYEE AND ONE MEMBER OF THE IMMEDIATE FAMILY, OR TWO MEMBERS OF THE IMMEDIATE FAMILY OCCUPY THE AUTOMOBILE;

"3. $0.10 PER MILE WHEN THE EMPLOYEE AND TWO MEMBERS, OR THREE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY THE AUTOMOBILE;

"4. $0.12 PER MILE WHEN THE EMPLOYEE AND THREE OR MORE MEMBERS, OR FOUR OR MORE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY THE AUTOMOBILE.

THESE MILEAGE ALLOWANCES ARE FOR THE USE OF ONE PRIVATELY OWNED AUTOMOBILE ONLY FOR EACH HOUSEHOLD. ACCORDINGLY, THE AGGREGATE AMOUNT OF MILEAGE AUTHORIZED IS LIMITED TO THE APPLICABLE RATE FOR ONE PRIVATELY OWNED AUTOMOBILE WHEN AN EMPLOYEE AND MEMBERS) OF THE IMMEDIATE FAMILY USE MORE THAN ONE PRIVATELY OWNED AUTOMOBILE, EXCEPT AS PROVIDED IN PAR. C6156. ***"

PARAGRAPH C6156 INSOFAR AS PERTINENT IN THIS CASE PROVIDES FOR THE USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE WITHIN THE SAME HOUSEHOLD AS ADVANTAGEOUS TO THE GOVERNMENT IN CONNECTION WITH PERMANENT DUTY TRAVEL IF THERE ARE MORE MEMBERS OF THE IMMEDIATE FAMILY THAN REASONABLY CAN BE TRANSPORTED TOGETHER WITH LUGGAGE IN ONE VEHICLE. MR. WASZKIEWICZ HAD CONTENDED THAT BECAUSE OF THE NUMBER OF PEOPLE IN HIS FAMILY AND THE AMOUNT OF LUGGAGE HE WAS REQUIRED TO CARY, TWO VEHICLES WERE NECESSARY TO PERFORM THE TRAVEL.

PARAGRAPH 7 OF THE TRAVEL ORDER AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE AT THE RATE OF 12 CENTS PER MILE. THIS IS THE MILEAGE RATE AUTHORIZED BY JTR, PARAGRAPH C8200-3A4, SUPRA, WHEN THE EMPLOYEE AND THREE OR MORE MEMBERS OF HIS FAMILY, OR FOUR OR MORE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY THE AUTOMOBILE. PARAGRAPH 17 OF THE TRAVEL ODER AUTHORIZES THE EMPLOYEE TO DRIVE TWO VEHICLES IN ACCORDANCE WITH JTR C6156.1. THE RECORD SHOWS THAT THREE MEMBERS OF THE EMPLOYEE'S FAMILY REPORTEDLY TRAVELLED IN EACH OF THE TWO VEHICLES. MR. WASZKIEWICZ CONTENDS THAT THE AUTHORIZATION WHICH GAVE HIM THE AUTHORITY TO DRIVE TWO AUTOMOBILES ENTITLED HIM TO THE DIFFERENCE BETWEEN THE AMOUNT HE WAS PAID AND THE AMOUNT STATED IN TRAVEL ORDER AB 75 AT 12 CENTS PER MILE.

UNDER THE ABOVE-CITED REGULATIONS WHEN AN EMPLOYEE AND TWO MEMBERS, OR THREE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY THE AUTOMOBILE, REIMBURSEMENT IS LIMITED TO 10 CENTS PER MILE FOR EACH AUTOMOBILE. WE ARE SATISFIED THAT REIMBURSEMENT WAS PROPERLY MADE IN ACCORDANCE WITH THOSE REGULATIONS. THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES OF THE ARMED SERVICES PURSUANT TO LAW, ARE STATUTORY REGULATIONS AND PRESCRIBE THE CONDITIONS UNDER WHICH CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE MAY TRAVEL AT GOVERNMENT EXPENSE. NEITHER THE DEPARTMENT OF THE ARMY NOR OUR OFFICE HAS ANY AUTHORITY TO WAIVE ITS REQUIREMENTS. SEE 25 COMP. GEN. 598 (1946).

UPON RECONSIDERATION, THE SETTLEMENT OF MAY 31, 1974,BY THE TRANSPORTATION AND CLAIMS DIVISION DISALLOWING MR. WASZKIEWICZ'S CLAIM IS AFFIRMED.

IN RESPONSE TO MR. WASZKIEWICZ'S QUESTION AS TO WHERE HE MAY HAVE HIS CASE REVIEWED, HE IS AFVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXCEUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR ADMINISTRATIVE APPEAL FROM SUCH DECISIONS. HOWEVER, HIS ATTENTION IS INVITED TO THE PROVISIONS OF 28 U.S.C. SEC. 1346; ID. 1491, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.