B-39319, JANUARY 18, 1944, 23 COMP. GEN. 515

B-39319, JANUARY 18, 1944, 23 COMP. GEN. 515

MILEAGE - USE OF PRIVATELY OWNED AUTOMOBILE AT OFFICIAL HEADQUARTERS; ACT OF JUNE 30, 1943 UNDER THE PROVISION IN THE ACT OF JUNE 30, 1943, AUTHORIZING REIMBURSEMENT TO FIELD EMPLOYEES OF THE WAR SAVINGS STAFF, AT NOT TO EXCEED 3 CENTS PER MILE, FOR TRAVEL PERFORMED BY THEM IN PRIVATELY OWNED AUTOMOBILES WHILE ENGAGED IN THE PROMOTION OF THE SALE OF UNITED STATES GOVERNMENT SECURITIES WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS, AN EMPLOYEE WHO PERFORMED A JOURNEY TO A DUTY STATION OUTSIDE THE CORPORATE LIMITS OF HIS OFFICIAL HEADQUARTERS MAY BE PAID THE SAID ALLOWANCE FOR THAT PORTION OF THE JOURNEY WITHIN THE CORPORATE LIMITS OF HIS HEADQUARTERS.

COMPTROLLER GENERAL WARREN TO CHARLES W. ADAMS, TREASURY DEPARTMENT, JANUARY 18, 1944:

BY LETTER DATED DECEMBER 30, 1943, THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE TREASURY, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF DECEMBER 8, 1943, AS FOLLOWS:

VOUCHER IN FAVOR OF JOHN VAN AHLERS IN THE AMOUNT OF $20.14 COVERING TRAVEL FOR THE PERIOD SEPTEMBER 16, TO SEPTEMBER 29, 1943, IS FORWARDED HEREWITH FOR YOUR INSTRUCTIONS REGARDING THE PAYMENT OF THREE CENTS PER MILE FOR TRAVEL WITHIN OFFICIAL HEADQUARTERS ( LOS ANGELES).

A COPY OF TRAVEL AUTHORIZATION 44-2603, DATED SEPTEMBER 10, 1943, DIRECTING TRAVEL OF MR. AHLERS, IS ATTACHED TO THE VOUCHER.

THE TREASURY AND POST OFFICE DEPARTMENTS APPROPRIATION ACT, 1944--- BUREAU OF THE PUBLIC DEBT (ACT OF JUNE 30, 1943, PUBLIC LAW 102/--- MAKING MONEY AVAILABLE FOR THE WAR SAVINGS STAFF PROVIDED THAT " REGULAR FIELD EMPLOYEES OF THE WAR SAVINGS STAFF MAY BE REIMBURSED AT NOT TO EXCEED THREE CENTS PER MILE FOR TRAVEL PERFORMED BY THEM IN PRIVATELY OWNED AUTOMOBILES WHILE ENGAGED IN THE PROMOTION OF THE SALE OF UNITED STATES GOVERNMENT SECURITIES (ESTIMATED WAR SAVINGS BOND), WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS.'

INFORMATION IS REQUESTED AS TO WHETHER THREE CENTS PER MILE IS ALLOWABLE FOR TRAVEL FROM THE OFFICIAL OFFICE AND/OR THE LAST POST OF DUTY WITHIN THE CITY LIMITS OF THE HEADQUARTERS AT THREE CENTS PER MILE WHEN ENROUTE TO A DUTY POINT OUTSIDE THE CORPORATE LIMITS AND FROM THE CITY LIMITS TO THE OFFICE OR FIRST DUTY POINT WITHIN THE CITY LIMITS ON THE RETURN TRIP.

YOUR IMMEDIATE CONSIDERATION AND ADVICE IN THE MATTER WILL BE APPRECIATED.

ATTACHED TO THE VOUCHER IS AN UNSIGNED LETTER OF EXCEPTION IN WHICH IT IS PROPOSED TO DEDUCT THE SUM OF $1.20 FROM THE AMOUNT CLAIMED ($20.14/--- THE REASON FOR SAID PROPOSED DEDUCTION BEING STATED AS FOLLOWS:

SEPTEMBER 20, 23, 25, 27, AND 28--- TOTAL CLAIMS FOR MILEAGE FROM LOS ANGELES OFFICE TO CORPORATE LIMITS AND RETURN.

DEDUCTION 40 MILES AT THREE CENTS $1.20.

MR. AHLERS HAD INCLUDED CLAIMS FOR MILEAGE AT 3 CENTS FROM THE LOS ANGELES OFFICE TO THE CITY LIMITS WHEN ENROUTE TO A DUTY POINT OUTSIDE THE CORPORATE LIMITS AND FROM THE CITY LIMITS TO THE OFFICE ON THE RETURN TRIP. THESE CLAIMS ARE NOT ALLOWABLE INASMUCH AS THE 3 CENTS CLAUSE IS IN EFFECT ONLY FOR TRAVEL FROM ONE DUTY POINT TO ANOTHER DUTY POINT WHEN BOTH ARE WITHIN THE CORPORATE LIMITS OF LOS ANGELES.

THE QUESTION YOU PRESENT, IN EFFECT, RELATES TO THE PROPRIETY OF THE PROPOSED DEDUCTION ABOVE REFERRED TO.

THE TRAVEL ORDER ( NO. 44-2603) DATED SEPTEMBER 10, 1943, A COPY OF WHICH IS ATTACHED TO THE VOUCHER, CONTAINS A PARAGRAPH AS FOLLOWS:

WHEN MORE ADVANTAGEOUS TO PERFORM THE TRAVEL HEREIN AUTHORIZED BY AUTOMOBILE, THE USE OF A PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED, AND YOU WILL BE ALLOWED MILEAGE AT THE RATE OF FIVE CENTS PER MILE, FOR OFFICIAL TRAVEL OUTSIDE THE LIMITS OF YOUR DESIGNATED POST OF DUTY, AND THREE CENTS PER MILE WITHIN THE LIMITS OF YOUR DESIGNATED POST OF DUTY; IT HAVING BEEN ADMINISTRATIVELY DETERMINED IN ADVANCE THAT THE USE OF AN AUTOMOBILE IN CONNECTION WITH THIS TRAVEL WILL PROVE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT. (ITALICS SUPPLIED).

THERE IS NOTHING IN THE APPROPRIATION PROVISION, QUOTED IN YOUR LETTER, LIMITING PAYMENT OF THE MILEAGE ALLOWANCE OF 3 CENTS PER MILE AT HEADQUARTERS, TO TRIPS, THE BEGINNING AND ENDING OF WHICH ARE BOTH WITHIN THE CORPORATE LIMITS OF THE OFFICIAL HEADQUARTERS OF THE EMPLOYEE--- IN THIS CASE, LOS ANGELES. NEITHER IS THERE ANY INTENTION MANIFESTED IN THE APPROPRIATION PROVISION, OR OTHERWISE, TO LIMIT THE MILEAGE ALLOWANCE AT HEADQUARTERS IN SUCH A MANNER. COMPARE SECTION 303 OF THE " FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1944," PUBLIC LAW 216, 57 STAT. 642, APPROVED DECEMBER 23, 1943.

HENCE, IF THE TRAVEL HERE IN QUESTION, WITHIN THE CORPORATE LIMITS OF LOS ANGELES, CONSTITUTED PARTS OF CONTINUED JOURNEYS TO DUTY POINTS OUTSIDE THE CORPORATE LIMITS OF LOS ANGELES AND WAS PERFORMED IN A PRIVATELY-OWNED AUTOMOBILE "WHILE ENGAGED IN THE PROMOTION OF THE SALE OF UNITED STATES GOVERNMENT SECURITIES" (QUOTING FROM THE APPROPRIATION PROVISION), THERE WOULD, IN THE ABSENCE OF ADMINISTRATIVE REGULATIONS TO THE CONTRARY, BE NO LEGAL OBJECTION TO PAYMENT OF THE MILEAGE CLAIM PRESENTED AT THE RATE OF 3 CENTS PER MILE FOR THE DISTANCE TRAVELED WITHIN THE CORPORATE LIMITS OF LOS ANGELES--- SUCH TRAVEL WITHIN "THE LIMITS OF THEIR OFFICIAL STATIONS" CLEARLY BEING INCIDENTAL TO, AND DIRECTLY CONNECTED WITH,"THE PROMOTION OF THE SALE OF UNITED STATES GOVERNMENT SECURITIES (ESTIMATED WAR SAVINGS BONDS).'

ACCORDINGLY, IF THE FACTS BE AS ABOVE INDICATED, THE QUESTION PRESENTED IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE. THUS, UPON SAID BASIS, THE SUBMITTED VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT IN THE TOTAL AMOUNT OF $20.14, CLAIMED BY THE EMPLOYEE.