B-38489, FEBRUARY 1, 1944, 23 COMP. GEN. 549

B-38489, FEBRUARY 1, 1944, 23 COMP. GEN. 549

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - BETWEEN HOME AND TEMPORARY DUTY STATIONS WHERE AN EMPLOYEE PERFORMS INTERMITTENT TRIPS ON OFFICIAL BUSINESS DIRECTLY FROM HIS HOME--- NOT WITHIN THE CORPORATE LIMITS OF HIS OFFICIAL STATION--- TO VARIOUS POINTS IN A NUMBER OF OUTLYING COMMUNITIES AND RETURNS TO HIS HOME WITHIN THE SAME DAY, INSTEAD OF REPORTING TO HIS OFFICIAL STATION AND THENCE TO THE VARIOUS POINTS, MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE MAY BE ALLOWED WITHOUT ANY DEDUCTION FOR THE MILEAGE BETWEEN THE EMPLOYEE'S HOME AND HIS OFFICIAL STATION, PROVIDED THE MILEAGE SO INCURRED IN TRAVELING FROM HIS HOME TO SUCH POINTS DOES NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED HAD HE TRAVELED DIRECTLY FROM HIS OFFICIAL STATION. 22 COMP. GEN. 62; IBID. 572, DISTINGUISHED. UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, RESTRICTING THE ALLOWANCE OF MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE TO THE DISTANCE TRAVELED BY "A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM DESIGNATED POST OF DUTY," PAYMENT OF MILEAGE IS NOT AUTHORIZED FOR THE DISTANCE COVERED BY AN EMPLOYEE'S AUTOMOBILE WHEN DRIVEN BY HIS WIFE--- UNACCOMPANIED BY THE HUSBAND--- IN RETURNING THE EMPLOYEE'S AUTOMOBILE TO HIS HOME FROM A POINT WHERE HE COMMENCES AN OFFICIAL FIELD TRIP IN ANOTHER EMPLOYEE'S AUTOMOBILE, OR FOR THE DISTANCE TRAVELED BY THE WIFE FROM THE HOME TO SUCH POINT TO RETURN THE EMPLOYEE TO HIS HOME UPON COMPLETION OF SUCH TRIP. THE EXPENSE INCURRED BY AN OFFICIAL TRAVELER FOR TELEPHONE CALLS INCIDENT TO ARRANGING FOR TRANSPORTATION TO HIS RESIDENCE UPON COMPLETION OF A TOUR OF DUTY AWAY FROM HIS OFFICIAL HEADQUARTERS IS PERSONAL TO THE TRAVELER AND MAY NOT BE REIMBURSED UNDER ANY PROVISION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

ACTING COMPTROLLER GENERAL YATES TO BEN E. LEWIS, NATIONAL HOUSING AGENCY, FEBRUARY 1, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 19, 1943, AS FOLLOWS:

THERE IS SUBMITTED HEREWITH FOR YOUR CONSIDERATION THE TRAVEL REIMBURSEMENT VOUCHER OF WILLIAM P. YEHN IN WHICH HE IS RECLAIMING THE AMOUNT OF $33.25 DEDUCTED FROM VOUCHER FOR THE PERIOD AUGUST TO 31, 1943. THE ADMINISTRATIVE DIFFERENCE STATEMENT PREPARED IN THIS OFFICE, DATED OCTOBER 1, AND AN EXPLANATORY MEMORANDUM FROM MR. HEYN ADDRESSED TO THIS OFFICE, DATED OCTOBER 25, 1943, ARE ATTACHED TO THE VOUCHER.

IN THE AUDIT OF THE ABOVE-MENTIONED TRAVEL REIMBURSEMENT VOUCHER FOR THE PERIOD AUGUST 6 TO 31, 1943, THE DECISIONS HANDED DOWN BY YOUR OFFICE, B- 25784 AND B-30297, VOLUME 22, PAGES 62 AND 572, RESPECTIVELY, REGARDING TRAVEL VIA PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS FROM RESIDENCE TO TEMPORARY DUTY STATION AND RETURN TO RESIDENCE, WITHIN A DAY, WERE INTERPRETED BY THIS OFFICE TO MEAN THAT AN EMPLOYEE WAS LIABLE FOR THE EXPENSES NECESSARY TO REPORT TO HIS OFFICIAL HEADQUARTERS FROM RESIDENCE AND RETURN THERETO, AND THAT THE REPORTING TO A TEMPORARY DUTY STATION OR STATIONS, AND RETURN TO RESIDENCE, DID NOT RELIEVE HIM OF THIS RESPONSIBILITY. IN THE LIGHT OF SUCH INTERPRETATION, A REVIEW WAS MADE OF ALL VOUCHERS PREVIOUSLY CERTIFIED FOR PAYMENT, AND DEDUCTIONS WERE MADE FROM THE ABOVE-MENTIONED VOUCHER FOR MILEAGE FROM RESIDENCE TO TEMPORARY DUTY STATION OR STATIONS, AND RETURN TO RESIDENCE, WHEN SUCH MILEAGE WAS LESS THAN WOULD HAVE BEEN INCURRED HAD THE TRAVELER REPORTED TO OFFICIAL HEADQUARTERS AND RETURN. IN THOSE CASES WHERE MILEAGE FROM RESIDENCE TO TEMPORARY DUTY STATION, OR STATIONS, AND RETURN TO RESIDENCE WAS IN EXCESS OF THAT WHICH WOULD HAVE BEEN INCURRED HAD THE TRAVELER REPORTED FROM RESIDENCE TO HEADQUARTERS AND RETURN TO RESIDENCE, ONLY SUCH EXCESS MILEAGE WAS ALLOWED.

MR. HEYN, IN HIS MEMORANDUM OF OCTOBER 25, 1943, INTERPRETS THE DECISIONS REFERRED TO ABOVE TO APPLY ONLY TO AN EMPLOYEE WHO IS TEMPORARILY STATIONED IN AN OUTLYING LOCATION AND MUST TRAVEL BACK AND FORTH EACH DAY TO THIS SAME STATION IN THE PERFORMANCE OF HIS DUTY. HE ALSO POINTS OUT THAT IN HIS CASE IT IS NECESSARY THAT HE PURCHASE A MONTHLY RAILROAD COMMUTATION TICKET, AND THEREFORE HE IS NOT RELIEVED FROM THE EXPENSE OF REPORTING TO HIS OFFICIAL HEADQUARTERS ON THOSE DAYS WHEN HE TRAVELS VIA PRIVATELY OWNED CAR FROM RESIDENCE TO TEMPORARY DUTY STATION.

THE FOLLOWING TWO QUESTIONS ARE PRESENTED:

1. WAS THE INTERPRETATION OF THIS OFFICE CORRECT AS OUTLINED IN CONNECTION WITH DECISIONS B-25784 AND B-30297?

2. IF QUESTION NO. 1 IS ANSWERED IN THE AFFIRMATIVE, WOULD AN EMPLOYEE WHO WAS REQUIRED TO PURCHASE A MONTHLY RAILROAD COMMUTATION TICKET FOR THE PURPOSE OF REPORTING FROM HIS RESIDENCE TO THE OFFICE BE HELD TO SUCH INTERPRETATION WHEN IT WAS NECESSARY FOR HIM TO TRAVEL TO A TEMPORARY DUTY STATION OR STATIONS, WITHIN A DAY, AND IT WAS MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT TO DEPART FROM AND RETURN TO RESIDENCE RATHER THAN FIRST REPORTING TO OFFICIAL HEADQUARTERS, AND RETURN TO OFFICIAL HEADQUARTERS UPON COMPLETION OF DUTY?

A GREAT PORTION OF MR. HEYN'S FIELD TRIPS ARE MADE IN THE PRIVATELY OWNED AUTOMOBILE OF AN EMPLOYEE OF THE FEDERAL HOUSING ADMINISTRATION, ON WHICH TRIPS THERE IS NO CLAIM MADE BY MR. HEYN FOR TRANSPORTATION OTHER THAN MILEAGE INCURRED BY HIM FROM HIS RESIDENCE TO POINT WHERE THE FHA EMPLOYEE MEETS HIM; MILEAGE FOR RETURN OF HIS CAR TO RESIDENCE BY HIS WIFE; TELEPHONE CALL TO HOME UPON COMPLETION OF TRIP TO HAVE CAR BROUGHT TO POINT WHERE HE IS LEFT BY FHA EMPLOYEE; MILEAGE FROM RESIDENCE TO SUCH POINT, CAR DRIVEN BY HIS WIFE, AND MILEAGE BACK TO RESIDENCE. MR. HEYN POINTS OUT THAT THIS IS THE ONLY MEANS OF TRANSPORTATION OTHER THAN TAXI, WHICH WOULD HAVE BEEN CONSIDERABLY MORE EXPENSIVE TO THE GOVERNMENT. IS NOT POSSIBLE FOR MR. HEYN TO LEAVE HIS CAR AT THE POINT OF MEETING SINCE, EXCEPT IN RARE CASES, THIS IS NOT THE POINT WHERE THE FIELD TRIP WITH THE FHA EMPLOYEE ENDS. IN THE AUDIT OF THE VOUCHER FOR THE PERIOD AUGUST 6, TO 31, 1943, THE MILEAGE INCURRED WHILE MR. HEYN WAS NOT IN THE CAR WAS DEDUCTED, AS WAS THE COST OF THE TELEPHONE CALLS WHICH WERE MADE FOR THE PURPOSE OF ARRANGING TRANSPORTATION BACK TO HIS RESIDENCE. SIMILAR DEDUCTION WAS MADE FOR SUCH EXPENSES PREVIOUSLY PAID ON JULY ACCOUNT.

THE QUESTION IS:

WOULD THE MILEAGE INCURRED IN RETURNING CAR TO RESIDENCE AND TELEPHONE CALL TO ARRANGE FOR TRANSPORTATION BACK TO RESIDENCE, AS WELL AS MILEAGE INCURRED IN BRINGING CAR TO TRAVELER, BE ALLOWED IN THE LIGHT OF THE EXPLANATION FURNISHED BY MR. HEYN THAT UNLESS TAXI HAD BEEN USED, WHICH WOULD HAVE BEEN CONSIDERABLY MORE EXPENSIVE TO THE GOVERNMENT, SUCH TRANSPORTATION WAS THE ONLY WAY THAT HE COULD ARRANGE TO MEET THE FHA EMPLOYEE AND THEREBY ELIMINATE THE NECESSITY OF TWO AUTOMOBILES ON THE FIELD TRIP?

A PROMPT REPLY TO THE QUESTIONS PRESENTED WILL BE APPRECIATED IN VIEW OF THE FACT THAT SUBSEQUENT VOUCHERS SUBMITTED BY MR. HEYN ARE BEING HELD PENDING THE RULING OF YOUR OFFICE.

THE RECLAIM VOUCHER IS FOR THE SUM OF $33.25, ADMINISTRATIVELY DEDUCTED FROM PAID VOUCHER NO. 764331, AND, ACCORDING TO THE COPY OF THE ADMINISTRATIVE DIFFERENCE SHEET ATTACHED, COVERS THE FOLLOWING ITEMS:

MILEAGE FROM BARRINGTON, ILLINOIS, RESIDENCE, TO TEMPORARY POINTS OF DUTY WITHIN A DAY, AND RETURN TO RESIDENCE, HAS BEEN ALLOWED ONLY WHEN EXCESS MILEAGE IS INCURRED AND THEN ONLY SUCH MILEAGE AS EXCEEDS THAT FROM BARRINGTON, RESIDENCE, TO CHICAGO, OFFICIAL STATION, AND RETURN, 70 MILES IN ACCORDANCE WITH DECISIONS OF THE COMPTROLLER GENERAL, VOLUME 22, PAGES 62 AND 572, WHICH STATE IN PART AS FOLLOWS: "WHERE AN EMPLOYEE PERFORMS OFFICIAL TRAVEL DIRECTLY FROM HIS HOME TO A NEARBY TEMPORARY DUTY STATION AND RETURN EACH DAY, INSTEAD OF REPORTING TO HIS OFFICIAL STATION--- TRANSPORTATION EXPENSE OR MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE IS NOT ALLOWABLE IF THE DISTANCE FROM THE EMPLOYEE'S HOME TO THE TEMPORARY DUTY STATION IS LESS THAN THE DISTANCE HE IS REQUIRED TO TRAVEL FROM AND TO HIS HOME TO AND FROM HIS HEADQUARTERS FOR REGULAR DUTY.'

CHART: VOUCHER SUBMITTED FOR PERIOD 11/4-12/2/42, PAID ON FEBRUARY 12, 1943; D.O. VOU. NO. 1576767. CLAIMED:

NOV. 4--- 24 MILES AT 5 CENTS PER MILE, BARRINGTON TO DIXON,

STERLING, AMBOY, AURORA, AND RETURN TO BARRINGTON-------$11.20 ALLOWED:

NOV. 4--- 224 MILES LESS DISTANCE OF 70 MILES, REPRESENTING

MILEAGE FROM RESIDENCE TO OFFICIAL HEADQUARTERS

AND RETURN--154 MILES AT 5 CENTS----------------------------$7.70

-------$3.50 VOUCHER SUBMITTED FOR PERIOD 4/5-24/43 PAID JUNE 14, 1943; D.O. VOU. NO. 2460303. CLAIMED:

APRIL 21--- 67 MILES AT 5 CENTS

BARRINGTON TO AURORA, ST. CHARLES, ELGIN AND

RETURN TO BARRINGTON-------------------------------------$3.35 ALLOWED:

NONE---------------------------------------------------------$0.00

-------$3.35 VOUCHER SUBMITTED FOR PERIOD 5/4-25/43 PAID ON

JUNE 28, 1943; D.O. VOU. NO. 2562231. CLAIMED:

5/13--- 77 MILES AT 5 CENTS

BARRINGTON TO AURORA, ST. CHARLES AND RETURN

TO BARRINGTON-------------------------------------------$3.85 ALLOWED:

MILEAGE LESS DISTANCE OF 70 MILES FROM BARRINGTON TO

CHICAGO AND RETURN--- 7 MILES AT 5 CENTS--------------------$ .35

------ $3.50 VOUCHER SUBMITTED FOR PERIOD 6/7-17/43 PAID AUG. 9,

1943; D.O. VOU. NO. 246113. CLAIMED:

6/7--- 213 MILES AT 5 CENTS

BARRINGTON TO SYCAMORE, MENDOTA, AMBOY, GREEN

RIVER ORDNANCE PLANT AND RETURN TO BARRINGTON-------$10.65 ALLOWED:

MILEAGE LESS DISTANCE OF 70 MILES, REPRESENTING

MILEAGE FROM BARRINGTON TO CHICAGO AND

RETURN--- 143 MILES AT 5 CENTS--------------------------$ 7.15

------- $3.50 VOUCHER SUBMITTED FOR PERIOD 7/8-31/43 PAID

SEPT. 6, 1943; D.O. VOU. NO. 465084 CLAIMED:

7/8--- 110 MILES AT 5 CENTS

BARRINGTON TO ROCKFORD AND RETURN------------------------$ 5.50 ALLOWED:

MILEAGE LESS 70 MILES, BARRINGTON TO CHICAGO AND

RETURN--- 40 MILES AT 5 CENTS---------------------------$ 2.00

-------- $3.50 CLAIMED:

7/27--- 221 MILES AT 5 CENTS

BARRINGTON TO MARENGO, DEKALB, LASALLE, AURORA

AND RETURN TO BARRINGTON-------------------------------$11.05 ALLOWED:

MILEAGE LESS 70 MILES

BARRINGTON TO CHICAGO AND RETURN

151 MILES AT 5 CENTS----------------------------------$ 7.55

-------- $3.50 CLAIMED:

7/31--- 91 MILES AT 5 CENTS

BARRINGTON TO ST. CHARLES, SYCAMORE, DEKALB

AND RETURN TO BARRINGTON-----------------------------$ 4.55 ALLOWED:

MILEAGE LESS 70 MILES

BARRINGTON TO CHICAGO AND RETURN 21 MILES

AT 5 CENTS-------------------------------------------$ 1.05

-------- $3.50 CLAIMED:

7/30 LONG DISTANCE TELEPHONE CALL FOR PURPOSE OF

ARRANGING FOR TRANSPORTATION IN PRIVATELY

OWNED CAR---------------------------------------------$ .30

MILEAGE--- BARRINGTON TO ELGIN, 10 MILES AT

5 CENTS-----------------------------------------------$ .50

--------- $ .80 ALLOWED:

NONE-----------------------------------------------------$ 10.00

--------- $ .80

EXPENSES INCURRED IN HAVING CAR BROUGHT TO POINT IN ORDER THAT SUCH MEANS OF TRANSPORTATION COULD BE USED IN RETURNING TO RESIDENCE FROM TRIP IS NOT REIMBURSABLE BY THE GOVERNMENT. VOUCHER PERIOD AUGUST 6 TO 31, 1943. CLAIMED:

8/6--- 39 MILES AT 5 CENTS

BARRINGTON TO ST. CHARLES AND RETURN------------------$ 1.95 ALLOWED:

NONE-----------------------------------------------------$ 10.00

--------- $ 1.95 CLAIMED:

8/11--- 20 MILES AT 5 CENTS

ST. CHARLES TO BARRINGTON-----------------------------$ 1.00

8/14 TELEPHONE CALL TO BARRINGTON---------------------- .35

MILEAGE--- BARRINGTON TO ST. CHARLES, 20 MILES

AT 5 CENTS--------------- 1.00

8/17 20 MILES AT 5 CENTS

ST. CHARLES TO BARRINGTON----------------------------- 1.00

8/18 TELEPHONE CALL TO BARRINGTON---------------------- .40

MILEAGE--- BARRINGTON TO ELGIN, 10 MILES AT 5 CENTS---- .50

8/20 10 MILES AT 5 CENTS

ELGIN TO BARRINGTON------------------------------------ .50

8/21 TELEPHONE CALL TO BARRINGTON---------------------- .40

MILEAGE--- BARRINGTON TO ELGIN, 10 MILES AT 5 CENTS---- .50

8/31 10 MILES AT 5 CENTS

ELGIN TO BARRINGTON------------------------------------ .50

--------$6.15ALLOWED:

NONE----------------------------------------------------------- $0.00

------------$6.15

EXPENSES INCURRED IN RETURNING CAR TO RESIDENCE AND ARRANGING FOR RETURN OF CAR TO POINT IN ORDER THAT TRANSPORTATION BY PRIVATELY OWNED CAR COULD BE USED FOR RETURN TO RESIDENCE UPON COMPLETION OF TRIP ARE NOT REIMBURSABLE BY THE GOVERNMENT.

TOTAL DEDUCTIONS------------------------------------------ $33.25

MR. HEYN'S STATUS APPEARS AS " HOUSING REPRESENTATIVE, NATIONAL HOUSING AGENCY," AND THE SEVERAL GENERAL TRAVEL ORDERS UNDER WHICH HE PERFORMED TRAVEL ARE WORDED AS FOLLOWS:

YOU ARE HEREBY AUTHORIZED TO PERFORM SUCH TRAVEL AS MAY BE NECESSARY IN CONNECTION WITH YOUR OFFICIAL DUTIES FOR THE NATIONAL HOUSING AGENCY THROUGHOUT THE STATES OF ILLINOIS, INDIANA, IOWA, MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA AND WISCONSIN.

WHILE IN A TRAVEL STATUS AWAY FROM YOUR OFFICIAL STATION, CHICAGO, ILLINOIS, YOU WILL BE FURNISHED TRANSPORTATION AND PAID AN ALLOWANCE OF $6.00 PER DIEM IN LIEU OF THE ACTUAL COST OF SUBSISTENCE AND REIMBURSED FOR OTHER NECESSARY EXPENSES IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS AMENDED.

YOU ARE AUTHORIZED TO USE PRIVATELY OWNED AUTOMOBILE FOR SUCH TRAVEL, FOR WHICH YOU WILL BE REIMBURSED AT THE RATE OF 5 CENTS PER MILE, IT HAVING BEEN ADMINISTRATIVELY DETERMINED THAT THE ALLOWANCE AT THAT RATE FOR ALL OR ANY PORTION OF THE AUTHORIZED TRAVEL WILL BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT THAN TRAVEL BY COMMON CARRIER.

THE EXPLANATORY MEMORANDUM FROM MR. HEYN--- REFERRED TO IN PARAGRAPH 1 OF YOUR LETTER--- IS AS FOLLOWS: TO: MR. BEN E. LEWIS, CHIEF, FINANCE SECTION --- WASHINGTON--- DATE: OCT. 25, 1943. FROM: WILLIAM P. HEYN--- CHICAGO. SUBJECT: ADMINISTRATIVE DIFFERENCE STATEMENT REFERENCE IS MADE TO YOUR ADMINISTRATIVE STATEMENT DATED OCTOBER 1, 1943, COVERING MY CLAIM FOR REIMBURSEMENT IN CONNECTION WITH TRAVEL VOUCHERS SUBMITTED FOR THE PERIOD AUGUST 6 TO 31, 1943, AND PREVIOUS VOUCHERS DATING BACK TO NOVEMBER 4, 1942.

YOU CITE IN YOUR STATEMENT FROM COMPTROLLER GENERAL, VOL. 22, PAGES 62 AND 572 WHICH, YOU INDICATE, STATE AS FOLLOWS:

"WHERE AN EMPLOYEE PERFORMS OFFICIAL TRAVEL DIRECTLY FROM HIS HOME TO A NEARBY TEMPORARY DUTY STATION AND RETURN EACH DAY, INSTEAD OF REPORTING TO HIS OFFICIAL HEADQUARTERS AND THENCE TO HIS TEMPORARY DUTY STATION, TRANSPORTATION EXPENSE OR MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE IS NOT ALLOWABLE IF THE DISTANCE FROM THE EMPLOYEE'S HOME TO THE TEMPORARY DUTY STATION IS LESS THAN THE DISTANCE HE IS REQUIRED TO TRAVEL FROM AND TO HIS HOME AND TO AND FROM HIS HEADQUARTERS FOR REGULAR DUTY.'

MY INTERPRETATION OF THIS DECISION WOULD INDICATE THAT IT IS AN ENDEAVOR TO COVER TRAVEL EXPENSE OF AN EMPLOYEE WHO IS TEMPORARILY STATIONED IN AN OUTLYING LOCATION AND MUST TRAVEL BACK AND FORTH EACH DAY TO THIS SAME STATION IN THE PERFORMANCE OF HIS DUTY. THE EXPENSE INCURRED BY ME IS NOT IN THIS CATEGORY AS ALL MY TRAVEL IS CONDUCTED ON SCHEDULED FIELD TRIPS COVERING MANY COMMUNITIES TO WHICH TRAVEL FROM MY HOME IS MUCH MORE ECONOMICAL TO THE GOVERNMENT BY THE METHOD USED AS OUTLINED IN MY VOUCHER FOR REIMBURSEMENT. THE DISTANCE I TRAVEL FROM MY HOME TO CHICAGO IS COVERED BY MY MONTHLY RAILROAD COMMUTATION WHICH I MUST PAY ANYWAY. IF IT WERE NECESSARY FOR ME TO TRAVEL TO CHICAGO EACH TIME AND START FROM CHICAGO ON THE FIELD TRIPS, THE EXPENDITURE IN MILEAGE AND IN TIME CONSUMED WOULD BE GREATLY IN EXCESS OF THAT WHICH IS INCURRED AND WHICH IS INDICATED ON MY VOUCHERS. THE IDEA OF DEDUCTING 70 MILES PER DAY FROM NECESSARY TRAVEL WHICH I DO IN THE PERFORMANCE OF MY DUTY IN EFFECT PENALIZES ME FOR TRYING TO SAVE THE GOVERNMENT MONEY**

YOU MIGHT ALSO NOTE THAT THE MAJOR PORTION OF THE TRAVEL REFERRED TO HAS BEEN FOR THE PURPOSE OF MEETING THE FHA REPRESENTATIVE IN WHOSE CAR EXTENDED TRIPS TO NUMEROUS COMMUNITIES WERE ACCOMPLISHED. NOT ONLY HAS A SAVINGS TO THE GOVERNMENT BEEN MADE IN THE DIFFERENTIAL BETWEEN 4 CENTS PAID TO THE FHA REPRESENTATIVE AS AGAINST 5 CENTS PAID BY THIS AGENCY BUT FULL TRIPS IN MY OWN CAR COVERING THESE COMMUNITIES WOULD HAVE BEEN NECESSITATED IN THE ABSENCE OF THE MANNER IN WHICH THE TRAVEL WAS CONDUCTED.

I AM CONSIDERABLY PERTURBED OVER YOUR METHOD OF REVIEWING THIS SITUATION IN VIEW OF THE FACT THAT I HAVE ALWAYS BELIEVED THAT IT IS THE DUTY OF ANY EMPLOYEE TO DO ALL TRAVEL IN THE MOST ECONOMICAL MANNER BOTH AS TO MILEAGE AND TIME AS IS IN THE BEST INTERESTS OF THE GOVERNMENT.

I THINK IF YOU WILL CAREFULLY REVIEW MY VOUCHER SUBMITTED, BEARING IN MIND THAT ALL VISITS TO OUTSIDE COMMUNITIES ARE MADE IN STRICT PERFORMANCE OF DUTY ON SCHEDULED PROGRAMMING AND NOT AS PERIODIC STATION DUTY, YOU WILL REALIZE THAT MY VOUCHER SHOULD BE PAID IN FULL WITHOUT HESITANCY.

THE REFERRED-TO DECISION OF JULY 28, 1942, B-25784, 22 COMP. GEN. 62, HELD, IN PERTINENT PART, AS FOLLOWS (QUOTING FROM PARAGRAPH 8 OF THE SYLLABUS):

WHERE AN EMPLOYEE IS AUTHORIZED TO PERFORM OFFICIAL TRAVEL FROM HIS HOME OR IS PERMITTED TO RETURN THERETO RATHER THAN FROM AND TO HIS OFFICIAL HEADQUARTERS OFFICE, IT IS THE DUTY AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE TO SEE THAT NO TRANSPORTATION EXPENSES OR MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE ARE AUTHORIZED IF THE PLACE OF TEMPORARY DUTY IS CLOSER TO THE EMPLOYEE'S HOME THAN TO HIS HEADQUARTERS OFFICE, THAT IS, THAT THE TEMPORARY DUTY DOES NOT INVOLVE A GREATER DISTANCE FROM HIS HOME THAN WOULD HAVE BEEN INVOLVED HAD HE REPORTED TO HIS HEADQUARTERS OFFICE FOR REGULAR DUTY. AND THE OTHER DECISION REFERRED TO, THAT OF DECEMBER 31, 1942, B-30297, 22 COMP. GEN. 572, HELD IN PERTINENT PART, AS FOLLOWS (QUOTING FROM PARAGRAPH 4 OF THE SYLLABUS):

WHERE AN EMPLOYEE PERFORMS OFFICIAL TRAVEL DIRECTLY FROM HIS HOME TO A NEARBY TEMPORARY DUTY STATION AND RETURN EACH DAY--- INSTEAD OF REPORTING TO HIS OFFICIAL HEADQUARTERS AND THENCE TO HIS TEMPORARY DUTY STATION--- TRANSPORTATION EXPENSE OR MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE IS NOT ALLOWABLE IF THE DISTANCE FROM THE EMPLOYEE'S HOME TO THE TEMPORARY DUTY STATION IS LESS THAN THE DISTANCE HE IS REQUIRED TO TRAVEL FROM AND TO HIS HOME TO AND FROM HIS HEADQUARTERS FOR REGULAR DUTY.

THOSE DECISIONS WERE BASED UPON FACTS CONTEMPLATING REPEATED TRAVEL "FROM * * * HOME TO A NEARBY TEMPORARY DUTY STATION AND RETURN EACH DAY -- INSTEAD OF REPORTING TO * * * OFFICIAL HEADQUARTERS AND THENCE TO * * * TEMPORARY DUTY STATION," AND WERE NOT INTENDED FOR APPLICATION TO INTERMITTENT TRIPS TO VARIOUS POINTS. SEE, IN THAT CONNECTION, DECISION OF NOVEMBER 10, 1943, B-36564, 23 COMP. GEN. 352, COPY ATTACHED.

THEREFORE, YOUR QUESTION (1) IS ANSWERED IN THE NEGATIVE. THE INTERPRETATION PLACED ON THE DECISIONS OF JULY 28 AND DECEMBER 31, 1942, BY THE EMPLOYEE--- AS SET FORTH IN PARAGRAPH 3 OF YOUR LETTER--- APPEARS SUBSTANTIALLY CORRECT. OF COURSE, THE PURCHASE OF "A MONTHLY RAILROAD COMMUTATION TICKET" IS A MATTER PERSONAL TO THE EMPLOYEE AND, WITH RESPECT TO THOSE CASES WHEREIN DEDUCTIONS ARE OTHERWISE PROPER, THE AMOUNT THEREOF WOULD BE FOR DETERMINATION UPON THE BASIS OF THE MODE AND CLASS OF TRANSPORTATION STATION. SEE, IN THAT CONNECTION, 22 COMP. GEN. 1109.

NEITHER THE LAW NOR THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONTAIN A REQUIREMENT THAT THE PLACE OF ABODE SHOULD BE WITHIN THE OFFICIAL STATION OF THE EMPLOYEE. OF COURSE, AN OFFICIAL TRIP IS PRESUMED TO START FROM AND END AT AN EMPLOYEE'S OFFICIAL STATION, AND WHILE AN EMPLOYEE WHO ELECTS TO RESIDE AT A PLACE BEYOND THE CORPORATE LIMITS OF HIS OFFICIAL STATION MAY BE PERMITTED TO START HIS OFFICIAL TRIP FROM HIS HOME, THERE IS NO INDICATION IN THE REGULATIONS OR OTHERWISE THAT HE MAY BE REIMBURSED FOR ANY EXCESS COST DUE TO THAT FACT. SEE 20 COMP. GEN. 315. CONVERSELY, IT FOLLOWS THAT WHERE THE EXPENSE INCURRED IN TRAVELING FROM HOME DOES NOT EXCEED THAT WHICH WOULD HAVE BEEN INCURRED IN TRAVELING FROM THE OFFICIAL STATION, REIMBURSEMENT ON THE BASIS OF THE REIMBURSABLE EXPENSES ACTUALLY INCURRED IS IN ORDER. 22 COMP. GEN. 62, 68. NOR, WITHOUT MORE, DOES THERE APPEAR ANY PROPER BASIS FOR A REDUCTION IN THE AMOUNT OTHERWISE DUE. SEE DECISION OF NOVEMBER 10, 1943, B-36564, 23 COMP. GEN. 352.

ACCORDINGLY, ON THE FACTS OF RECORD, THERE IS NO REQUIREMENT FOR A DEDUCTION OF MILEAGE EXCEPT AS TO THE FOLLOWING TRIPS:

CHART:

D.O. VOUCHER NO. 465084 Z JULY 30, 1942, BARRINGTON TO ELGIN, 10 MILES

AT 5 CENTS------------------ .50

D.O. VOUCHER NO. 764331

AUGUST 11, 1942, ST. CHARLES TO BARRINGTON, 20 MILES

AT 5 CENTS------------------ $1.00

AUGUST 14, 1942, BARRINGTON TO ST. CHARLES, 20 MILES

AT 5 CENTS------------------ 1.00

AUGUST 17, 1942, ST. CHARLES TO BARRINGTON, 20 MILES

AT 5 CENTS------------------ 1.00

AUGUST 18, 1942, BARRINGTON TO ELGIN, 10 MILES AT

5 CENTS--------------------- .50

AUGUST 20, 1942, ELGIN TO BARRINGTON, 10 MILES AT

5 CENTS-------------------- .50

AUGUST 21, 1942, BARRINGTON TO ELGIN, 10 MILES AT

5 CENTS-------------------- .50

AUGUST 31, 1942, ELGIN TO BARRINGTON, 10 MILES AT

5 CENTS-------------------- .50

THE MILEAGE INVOLVED IN THE ABOVE ITEMIZATION REPRESENTS TRAVEL BY THE WIFE--- UNACCOMPANIED BY THE HUSBAND--- FOR THE PURPOSE OF RETURNING THE TRAVELER'S CAR TO HIS RESIDENCE OR MEETING HIM AT POINT OF TERMINATION OF HIS FIELD TRIPS. THE ALLOWANCE OF MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE IS RESTRICTED BY THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED, TO THE DISTANCE TRAVELED BY "A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM DESIGNATED POST OF DUTY.' CONSEQUENTLY, NO MILEAGE MAY BE ALLOWED FOR ANY DISTANCE COVERED BY THE EMPLOYEE'S OWN AUTOMOBILE WHEN DRIVEN BY HIS WIFE--- THE EMPLOYEE HIMSELF NOT BEING PRESENT THEREIN. 11 COMP. GEN. 471. CHARGES FOR THE TRAVELER'S TELEPHONE CALLS TO HIS RESIDENCE AMOUNTING TO $1.45 TO ARRANGE FOR TRANSPORTATION TO RESIDENCE APPEAR TO BE PERSONAL TO THE TRAVELER AND ARE NOT REIMBURSABLE UNDER ANY PROVISION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THERE IS FOR NOTING UNDER PARAGRAPH 44 OF SAID REGULATIONS THAT "TELEPHONE CALLS RESERVING HOTEL ACCOMMODATIONS" ARE INCLUDED IN THE SUBSISTENCE COMMUTATION--- PER DIEM IN LIEU OF SUBSISTENCE --- AND IT MAY WELL BE SAID THAT BY ANALOGY TELEPHONE CALLS RELATIVE TO ARRANGING FOR TRANSPORTATION AS HERE INVOLVED LIKEWISE ARE INCLUDED IN THE COMMUTATION OF TRANSPORTATION EXPENSES, NAMELY, MILEAGE.

ACCORDINGLY, IN THE LIGHT OF THE FOREGOING AND IN THE ABSENCE OF ADMINISTRATIVE REGULATIONS PROVIDING OTHERWISE (COMPARE B-36293, DATED SEPTEMBER 18, 1943) THE RECLAIM VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT IN AN AMOUNT NOT EXCEEDING $26.30 ($33.25 LESS $5.50 FOR MILEAGE AND $1.45 FOR TELEPHONE CALLS).