B-43205, AUGUST 8, 1944, 24 COMP. GEN. 81

B-43205: Aug 8, 1944

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TO HIS ULTIMATE TEMPORARY STATION WAS LESS THAN THE TWO HOURS REQUIRED BY PARAGRAPH 13 (A) 2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO AUTHORIZE THE USE OF PULLMAN ACCOMMODATIONS DOES NOT REQUIRE ADJUSTING HIS TRAVEL ACCOUNT ON THE BASIS OF THE COACH FARE FOR SUCH PORTION OF THE JOURNEY. OF ON THE BASIS OF THE ENTIRE COST OF A FIRST-CLASS TICKET (ROUND-TRIP) PROCURED TO OBTAIN PULLMAN ACCOMMODATIONS TO WHICH HE WAS ENTITLED FOR OTHER PORTIONS OF HIS JOURNEY. TO HIS ULTIMATE TEMPORARY STATION WAS LESS THAN TWO HOURS. THERE WAS NOT A "CONTINUOUS RAIL JOURNEY" OF MORE THAN TWO HOURS AS REQUIRED BY PARAGRAPH 13 (A) 2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO AUTHORIZE THE USE OF A PARLOR-CAR SEAT.

B-43205, AUGUST 8, 1944, 24 COMP. GEN. 81

TRAVELING EXPENSES - FARES - FIRST-CLASS; PULLMAN - LESS THAN 2-HOUR JOURNEY AFTER OFFICIAL STOPOVER THE FACT THAT THE DURATION OF THE PORTION OF AN EMPLOYEE'S TRAVEL FROM AN INTERMEDIATE POINT, AT WHICH HE HAD STOPPED OVER ON OFFICIAL BUSINESS, TO HIS ULTIMATE TEMPORARY STATION WAS LESS THAN THE TWO HOURS REQUIRED BY PARAGRAPH 13 (A) 2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO AUTHORIZE THE USE OF PULLMAN ACCOMMODATIONS DOES NOT REQUIRE ADJUSTING HIS TRAVEL ACCOUNT ON THE BASIS OF THE COACH FARE FOR SUCH PORTION OF THE JOURNEY, INSTEAD OF ON THE BASIS OF THE ENTIRE COST OF A FIRST-CLASS TICKET (ROUND-TRIP) PROCURED TO OBTAIN PULLMAN ACCOMMODATIONS TO WHICH HE WAS ENTITLED FOR OTHER PORTIONS OF HIS JOURNEY. WHERE THE DURATION OF AN EMPLOYEE'S TRAVEL FROM AN INTERMEDIATE POINT, AT WHICH HE HAD STOPPED OVER FOR A SHORT PERIOD ON OFFICIAL BUSINESS, TO HIS ULTIMATE TEMPORARY STATION WAS LESS THAN TWO HOURS, THERE WAS NOT A "CONTINUOUS RAIL JOURNEY" OF MORE THAN TWO HOURS AS REQUIRED BY PARAGRAPH 13 (A) 2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO AUTHORIZE THE USE OF A PARLOR-CAR SEAT, EVEN THOUGHT THE EMPLOYEE WAS IN A CONTINUOUS TRAVEL STATUS AND A FIRST-CLASS THROUGH TICKET PROPERLY HAD BEEN PROCURED IN ORDER TO SECURE PULLMAN ACCOMMODATIONS FOR OTHER PORTIONS OF THE TRIP.

COMPTROLLER GENERAL WARREN TO ALBERT D. MISLER, OFFICE FOR EMERGENCY MANAGEMENT, AUGUST 8, 1944:

REFERENCE IS MADE TO YOUR LETTER OF JULY 1, 1944, FILE FI-21, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR REVIEW AND CERTIFICATION THE ATTACHED VOUCHER FOR $3.60, IN FAVOR OF JAY OLIVER. THIS VOUCHER PREPRESENTS A RECLAIM OF THE AMOUNT SUSPENDED ON D.O. VOUCHER NO. 237071, PAID AUGUST 4, 1943 BY G. F. ALLEN, CHIEF DISBURSING OFFICER SYMBOL 207- 300.

MR. OLIVER, WHOSE OFFICIAL STATION IS WASHINGTON, D.C., WAS REQUIRED TO PERFORM OFFICIAL DUTIES IN YOUNGSTOWN AND CLEVELAND, OHIO. HE PROCURED ON T/R WLB 11675 A ROUND TRIP FIRST-CLASS TICKET FROM WASHINGTON TO CLEVELAND VIA YOUNGSTOWN, AND ON T/R WLB 2451, PULLMAN ACCOMMODATIONS FROM WASHINGTON TO YOUNGSTOWN. HE PERFORMED OFFICIAL DUTIES IN YOUNGSTOWN FOR A FULL DAY AND THEN DEPARTED FOR CLEVELAND. UPON COMPLETION OF HIS DUTIES IN CLEVELAND, HE RETURNED TO WASHINGTON, ISSUING T/R WLB 2453 FOR PULLMAN ACCOMMODATIONS. SINCE THE TRAVEL TIME BETWEEN YOUNGSTOWN AND CLEVELAND IS LESS THAN TWO HOURS, A DEDUCTION WAS MADE FROM THE TRAVELER'S EXPENSE ACCOUNT, HOLDING HIM TO THE COST OF A ROUND TRIP COACH TICKET FROM WASHINGTON TO CLEVELAND, STEP-UP TO FIRST-CLASS FARE FOR THE TRAVEL FROM WASHINGTON TO YOUNGSTOWN, AND STEP-UP TO FIRST-CLASS FARE FOR THE TRAVEL FROM CLEVELAND TO WASHINGTON. THIS DEDUCTION IS IN LINE WITH EXISTING TARIFFS AND WAS MADE ON THE BASIS THAT IF COACH HAD BEEN USED FROM YOUNGSTOWN TO CLEVELAND, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH13 (A) 2 OF THE REVISED STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE CARRIER'S BILL WOULD HAVE BEEN PAID ON THIS BASIS.

IN VIEW OF THE FACTS RELATED ABOVE, I WOULD APPRECIATE YOUR ADVISING ME WHETHER OR NOT THIS VOUCHER MAY BE CERTIFIED FOR PAYMENT.

IT APPEARS FROM THE RECORD THAT MR. OLIVER PROCURED ON TRANSPORTATION REQUESTS A FIRST-CLASS ROUND-TRIP TICKET BETWEEN WASHINGTON, D.C., AND CLEVELAND, OHIO, VIA BALTIMORE AND OHIO RAILROAD AT A COST OF $27.10 AND A LOWER BERTH FOR $2.95 FROM WASHINGTON TO YOUNGSTOWN, OHIO. HE ARRIVED IN YOUNGSTOWN AT 9:15 A.M., APRIL 3, 1943, AND, UPON COMPLETION OF OFFICIAL DUTIES THEREAT, DEPARTED AT 7:35 P.M. FOR CLEVELAND WHERE HE ARRIVED AT 9:15 P.M. THE SAME DATE, USING PARLOR-CAR SEAT AT A COST OF 65 CENTS. REMAINED IN CLEVELAND ON OFFICIAL DUTY FOR SIX DAYS, THEN RETURNED TO WASHINGTON APRIL 10, 1943, USING LOWER PULLMAN BERTH AT A COST OF $3.50. SINCE THE TRAVEL TIME BETWEEN YOUNGSTOWN AND CLEVELAND WAS LESS THAN TWO HOURS AN ADMINISTRATIVE DEDUCTION OF $3.60 WAS MADE FROM HIS EXPENSE ACCOUNT HOLDING HIM TO THE COST OF A ROUND-TRIP COACH TICKET FROM WASHINGTON TO CLEVELAND, PLUS STEP-UP TO FIRST-CLASS FARE FROM WASHINGTON TO YOUNGSTOWN, AND STEP-UP TO FIRST-CLASS FARE CLEVELAND TO WASHINGTON, CITING STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PARAGRAPH 13 (2), AS AMENDED NOVEMBER 15, 1942, AS AUTHORITY THEREFOR.

PARAGRAPH 13 (A) 2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED BY BUREAU OF THE BUDGET CIRCULAR 401, EFFECTIVE NOVEMBER 15, 1942, PROVIDES:

PARLOR-CAR ACCOMMODATIONS: ONE SEAT IN A SLEEPING OR PARLOR-CAR WHEN THE CONTINUOUS RAIL JOURNEY IS MORE THAN TWO HOURS IN DURATION AND WITHIN THE CONTINENTAL UNITED STATES, PROVIDED HOWEVER THAT A STOP FOR THE PURPOSE OF CHANGING TRAINS SHALL NOT BE CONSIDERED AN INTERRUPTION IN THE JOURNEY. IF UNDER EMERGENCY OR SIMILAR UNUSUAL CIRCUMSTANCES THE USE OF SUCH A SEAT IS NECESSARY FOR A JOURNEY OF TWO HOURS OR LESS, IT MUST BE SPECIFICALLY AUTHORIZED OR APPROVED IN WRITING IN EACH CASE BY THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED. IF THE JOURNEY IS OUTSIDE THE CONTINENTAL UNITED STATES, LOWEST RATE FIRST-CLASS ACCOMMODATIONS MAY BE ALLOWED WITHOUT REGARD TO THE LENGTH OF THE JOURNEY. (SEE PAR. 28.)

IT WOULD APPEAR THAT IN THE INSTANT CASE THE SERVICE CALLED FOR ON TRANSPORTATION REQUEST WLB 11675, I.E., FIRST-CLASS ROUND-TRIP TRANSPORTATION, WASHINGTON, D.C., TO CLEVELAND, OHIO, DID NOT EXCEED THAT TO WHICH THE TRAVELER WAS ENTITLED UNDER THE REGULATIONS, CONSIDERING THE FACT THAT PULLMAN ACCOMMODATIONS CAN BE SECURED ONLY ON THE BASIS OF A FIRST-CLASS FARE. THE TRAVELER OBTAINED AND USED PULLMAN ACCOMMODATIONS TO WHICH HE WAS ENTITLED FOR THE TRAVEL FROM WASHINGTON, D.C., TO YOUNGSTOWN, OHIO, AND FROM CLEVELAND, OHIO, TO WASHINGTON, D.C. THE FACT THAT ONE LEG OF THE JOURNEY WAS TOO SHORT TO AUTHORIZE THE USE OF A SEAT IN A CHAIR-CAR UNDER THE APPLICABLE REGULATIONS, DOES NOT JUSTIFY CHARGING THE TRAVELER WITH THE DIFFERENCE BETWEEN THE INITIAL COST OF FIRST-CLASS ROUND-TRIP TICKET AND THE AMOUNT BASED ON A LOWER RATE, ON THE THEORY THAT HE SHOULD HAVE USED A COACH FOR A SMALL PORTION OF THE JOURNEY.

THE ITEM OF 65 CENTS, HOWEVER, FOR PARLOR-CAR SEAT BETWEEN YOUNGSTOWN AND CLEVELAND, OBTAINED ON GOVERNMENT TRANSPORTATION REQUEST WLB 2452 INCLUDED IN THE ADMINISTRATIVE EXCEPTION, PROPERLY IS CHARGEABLE TO THE TRAVELER. THE TRIP TO CLEVELAND WAS BROKEN BY A STOPOVER ON OFFICIAL BUSINESS OF OVER 10 HOURS IN YOUNGSTOWN AND THE TRAVEL TIME BETWEEN YOUNGSTOWN AND CLEVELAND WAS ONE HOUR, 40 MINUTES. SINCE ON THE SECOND LEG OF THE JOURNEY THE EMPLOYEE WAS TRAVELING CONTINUOUSLY FOR LESS THAN TWO HOURS, HE IS NOT ENTITLED TO THE USE OF A CHAIR-CAR SEAT UNDER THE ABOVE-QUOTED PROVISIONS OF THE TRAVEL REGULATIONS. WHILE A THROUGH TICKET WAS PURCHASED THERE WAS NOT A "CONTINUOUS RAIL JOURNEY," AS CONTEMPLATED BY THE TRAVEL REGULATIONS, THERE BEING NOTHING IN THE REGULATIONS TO INDICATE THAT THESE WORDS ARE TO BE CONSTRUED AS SYNONYMOUS WITH "CONTINUOUS TRAVEL STATUS.' COMPARE PARAGRAPH 51 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THAT IS TO SAY, AN EMPLOYEE WOULD APPEAR TO BE ENTITLED TO A SEAT IN A SLEEPING OR PARLOR-CAR ONLY WHEN HE TRAVELS ON OFFICIAL BUSINESS CONTINUOUSLY BY RAIL FOR MORE THAN TWO HOURS, EXCLUSIVE OF STOPS FOR THE PURPOSE OF CHANGING TRAINS. SEE 23 COMP. GEN. 352.

MR. OLIVER STATES IN THE RECLAIM VOUCHER THAT IT WAS NOT POSSIBLE TO DETERMINE WHAT HOUR OR WHAT DAY HE WOULD LEAVE YOUNGSTOWN FOR CLEVELAND AND THAT ON DIFFERENT SCHEDULES FROM WASHINGTON TO CLEVELAND IT WOULD TAKE OVER TWO HOURS. A REFERENCE TO THE OFFICIAL RAILWAY GUIDE FOR APRIL 1943, SHOWS THAT ALL TRAINS, WITH ONE EXCEPTION, MADE THE TRIP FROM YOUNGSTOWN TO CLEVELAND IN CONSIDERABLY LESS TIME THAN TWO HOURS, THE EXCEPTION BEING WHERE A TRAIN LEFT YOUNGSTOWN AT 5:10 A.M. AND ARRIVED IN CLEVELAND AT 7:50 A.M. OVER THE BALTIMORE AND OHIO RAILROAD.

FOR THE REASONS STATED THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $3.60, LESS 65 CENTS, OR $2.95.