B-198267.OM, DEC 29, 1980

B-198267.OM, DEC 29, 1980

SUBJECT: REQUEST OF PAUL J. MAGUIRE FOR TRAVEL EXPENSES - B-198267-O.M.

ASSOCIATE DIRECTOR - CLAIMS GROUP, FGMSD:

RETURNED HEREWITH IS CLAIM FILE NO. Z-2816240 CONCERNING THE APPEAL OF MR. PAUL J. MAGUIRE FROM A DETERMINATION OF THE CLAIMS DIVISION, DATED FEBRUARY 4, 1980, DENYING HIS CLAIM FOR MILEAGE AND TOLLS FOR TRAVEL BETWEEN PHILADELPHIA, PENNSYLVANIA, AND MELROSE, MASSACHUSETTS.

UPON FURTHER EXAMINATION OF THE RECORD WE BELIEVE THAT THE EMPLOYEE IS ENTITLED TO PAYMENT. THE RECORD INDICATES THAT MR. MAGUIRE, AN EMPLOYEE OF THE FAA, WAS AUTHORIZED TRAVEL BY POV ON A PERSONAL PREFERENCE BASIS FROM MASSACHUSETTS TO LAWTON, OKLAHOMA, AND RETURN. HE TRAVELED TO OKLAHOMA IN THE POV OF ANOTHER FAA EMPLOYEE. ON THE RETURN TRIP HE TRAVELED FROM OKLAHOMA TO PHILADELPHIA IN THE POV OF THE OTHER FAA EMPLOYEE. MR. MAGUIRE TRAVELED FROM PHILADELPHIA TO MASSACHUSETTS IN HIS OWN AUTOMOBILE.

HIS CLAIM FOR MILEAGE AND TOLLS BETWEEN PHILADELPHIA AND MASSACHUSETTS WAS DISALLOWED ON THE BASIS OF FTR PARA. 1-4.5 WHICH STATES THAT MILEAGE IS PAYABLE TO ONLY ONE EMPLOYEE WHEN TWO OR MORE EMPLOYEES TRAVEL TOGETHER IN THE SAME CONVEYANCE. WE BELIEVE THAT PARA. 1-4.5 APPLIES ONLY SO LONG AS THE EMPLOYEES IN FACT TRAVEL TOGETHER. MR. MAGUIRE WAS NOT REQUIRED TO TRAVEL WITH ANOTHER GOVERNMENT EMPLOYEE AND COULD HAVE TRAVELED ALONE. THUS, THE FACT THAT HE DID TRAVEL FOR A PORTION OF THE RETURN TRIP WITH ANOTHER EMPLOYEE DOES NOT DEFEAT HIS ENTITLEMENT TO BE REIMBURSED FOR COSTS INCURRED FOR THE REMAINDER OF THAT TRIP, LIMITED TO THE CONSTRUCTIVE COST BY COMMON CARRIER.

ACCORDINGLY, MR. PAUL J. MAGUIRE'S CLAIM FOR MILEAGE AND TOLLS BETWEEN PHILADELPHIA AND MELROSE, MASSACHUSETTS, SHOULD BE PAID, IF OTHERWISE PROPER.