B-182503, JAN 16, 1975

B-182503: Jan 16, 1975

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ALTHOUGH CIVILIAN EMPLOYEE WHO MADE TRIP TO SEEK RESIDENCE QUARTERS ASSERTS THAT HE IS ENTITLED TO REIMBURSEMENT FOR CAR RENTAL AND GASOLINE PURCHASES FOR TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION ON THE BASIS THE REGULATIONS AUTHORIZE BY IMPLICATION TRANSPORTATION BETWEEN NEIGHBORHOODS. THE BASIS USED FOR THE DISALLOWANCE OF THE NET AMOUNT OF $50.18 WAS THE FEDERAL TRAVEL REGULATIONS (FPMR 101 7) PARA. 2-4.2 (MAY 1973) WHICH READS IN PART: "NO REIMBURSEMENT SHALL BE MADE FOR EXPENSES OF LOCAL TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION. ALSO CITED BY THE AGENCY WAS THE DEPARTMENT OF TRANSPORTATION TRAVEL MANUAL. THE ADMINISTRATIVE DENIAL OF THE CLAIM FOR $50.18 FOR CAR RENTAL AND GASOLINE PURCHASES FOR CAR RENTAL WAS PROPER AND THE RECLAIM OF SUCH AMOUNT MAY NOT BE CERTIFIED FOR PAYMENT.

B-182503, JAN 16, 1975

ALTHOUGH CIVILIAN EMPLOYEE WHO MADE TRIP TO SEEK RESIDENCE QUARTERS ASSERTS THAT HE IS ENTITLED TO REIMBURSEMENT FOR CAR RENTAL AND GASOLINE PURCHASES FOR TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION ON THE BASIS THE REGULATIONS AUTHORIZE BY IMPLICATION TRANSPORTATION BETWEEN NEIGHBORHOODS, COMMUNITIES, SCHOOL DISTRICTS, REALTY OFFICES, BANKS, SAVINGS AND LOAN AGENCIES, INSURERS, OTHER INFORMANTS, WE DO NOT AGREE WITH THIS INTERPRETATION SINCE THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7) PARA. 2-4.2 (1973) AND DEPARTMENT OF TRANSPORTATION TRAVEL MANUAL STATE THAT NO REIMBURSEMENT SHALL BE MADE FOR EXPENSES OF TRANSPORTATION IN THE LOCALITY OF NEW OFFICIAL STATION, EXCEPT NORMAL COSTS OF TRANSPORTATION BETWEEN DEPOTS, AIRPORTS, ETC., AND PLACE OF LODGING.

J.P. CLARK - EXPENSES OF LOCAL TRAVEL TO SEEK RESIDENCE QUARTERS.:

THIS DECISION CONCERNS A REQUEST FOR RECONSIDERATION OF A DISALLOWANCE OF $50.18 BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT CLAIMED BY MR. J.P. CLARK INCIDENT TO A HOUSEHUNTING TRIP MADE BY HIM AND MRS. CLARK IN JULY 1974 IN CONNECTION WITH A CHANGE OF OFFICIAL STATION.

THE RECORD SHOWS THAT MR. CLARK CLAIMED REIMBURSEMENT IN THE AMOUNT OF $70.18 FOR CAR RENTAL AND GASOLINE PURCHASES INCURRED INCIDENT TO SEEKING A RESIDENCE AT THE NEW DUTY STATION. THE AGENCY DENIED THE CLAIM BUT ALLOWED $20 FOR CONSTRUCTIVE ROUND TRIP FARE BETWEEN THE AIRPORT AND PLACE OF LODGING. THE BASIS USED FOR THE DISALLOWANCE OF THE NET AMOUNT OF $50.18 WAS THE FEDERAL TRAVEL REGULATIONS (FPMR 101 7) PARA. 2-4.2 (MAY 1973) WHICH READS IN PART: "NO REIMBURSEMENT SHALL BE MADE FOR EXPENSES OF LOCAL TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION, EXCEPT NORMAL COSTS OF TRANSPORTATION BETWEEN DEPOTS, AIRPORTS, ETC., AND PLACE OF LODGING SHALL BE ALLOWED." ALSO CITED BY THE AGENCY WAS THE DEPARTMENT OF TRANSPORTATION TRAVEL MANUAL, DOT ORDER 1500.6, PARAGRAPH 625C, WHICH CONTAINS THE SAME STATEMENT. MR. CLARK RECLAIMS THE AMOUNT DISALLOWED AND ASSERTS THAT THE TERM ETC. CAN AND SHOULD BE INTERPRETED AS MEANING "NEIGHBORHOODS, COMMUNITIES, SCHOOL DISTRICTS, REALTY OFFICES, BANKS, SAVINGS AND LOAN AGENCIES, INSURERS, OTHER INFORMANTS."

THE REGULATIONS CITED CLEARLY STATE THAT "NO REIMBURSEMENT SHALL BE MADE FOR EXPENSES OF LOCAL TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION," WITH CERTAIN SPECIFIED EXCEPTIONS. MR. CLARK'S INTERPRETATION OF THE WORD ETC. WOULD BE IN CONFLICT WITH THE LANGUAGE OF THE REGULATIONS SINCE TRANSPORTATION BETWEEN "NEIGHBORHOODS, COMMUNITIES, SCHOOL DISTRICTS, REALTY OFFICES, BANKS, SAVINGS AND LOAN AGENCIES, INSURERS, OTHER INFORMANTS" MUST BE DEEMED TO BE EXPENSES OF LOCAL TRANSPORTATION IN THE LOCALITY OF THE NEW OFFICIAL STATION. MOREOVER, ETC. IN THIS INSTANCE WOULD MORE CLEARLY BE INTERPRETED TO MEAN A PLACE, SUCH AS A RAILROAD OR BUS TERMINAL AT WHICH ONE ARRIVES OR DEPARTS FROM A GIVEN AREA.

IN VIEW OF THE ABOVE, THE ADMINISTRATIVE DENIAL OF THE CLAIM FOR $50.18 FOR CAR RENTAL AND GASOLINE PURCHASES FOR CAR RENTAL WAS PROPER AND THE RECLAIM OF SUCH AMOUNT MAY NOT BE CERTIFIED FOR PAYMENT.