B-59542, AUGUST 12, 1946, 26 COMP. GEN. 110

B-59542: Aug 12, 1946

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF JOHNNIE R. YOUR LETTER INDICATES THAT HE WAS ORDERED TO PERFORM THE TRAVEL. CRUMP WAS DETAILED TO DRIVE COLONEL HARDIN'S AUTOMOBILE TO AND FROM NEW ORLEANS. THAT HE WAS PAID $6.42. THERE WAS SUBMITTED WITH SAID VOUCHER A COPY OF AN AUTHORIZATION FOR TRAVEL DATED MAY 17. " IN WHICH A PER DIEM ALLOWANCE AT THE RATE OF $4.50 WAS PRESCRIBED. IT IS ASSUMED THAT COLONEL HARDIN WAS PROPERLY PAID A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE UNDER THE PROVISIONS OF THE FOURTH PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. THE ALLOWANCE OF 3 CENTS A MILE IS A COMMUTATION OF ALL EXPENSES OF TRANSPORTATION AND WHERE AN OFFICER TRAVELS BY PRIVATELY OWNED AUTOMOBILE UNDER THE CITED PROVISIONS OF LAW THE COST TO THE GOVERNMENT MAY NOT BE INCREASED BY REASON OF THE AUTOMOBILE HAVING BEEN OPERATED BY A PERSON OTHER THAN THE OFFICER PERFORMING THE ORDERED TRAVEL.

B-59542, AUGUST 12, 1946, 26 COMP. GEN. 110

SUBSISTENCE - PER DIEMS - TRAVEL OF CIVILIAN EMPLOYEE INCIDENT TO DRIVING ARMY OFFICER IN PRIVATELY OWNED AUTOMOBILE ON OFFICIAL BUSINESS ORDERED TRAVEL PERFORMED BY A CIVILIAN EMPLOYEE WHILE DRIVING THE PRIVATELY OWNED AUTOMOBILE OF AN ARMY OFFICER TRAVELING THEREIN ON OFFICIAL BUSINESS AT GOVERNMENT EXPENSE MAY NOT BE REGARDED AS TRAVEL "ON OFFICIAL BUSINESS" WITHIN THE MEANING OF SECTION 3 OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, SO AS TO ENTITLE THE EMPLOYEE TO PER DIEM IN LIEU OF SUBSISTENCE UNDER SAID ACT DURING SUCH TRAVEL.

ACTING COMPTROLLER GENERAL YATES TO CAPT. K. E. MCLAUGHLIN, U.S. ARMY, AUGUST 12, 1946:

THERE HAS BEEN RECEIVED BY SECOND INDORSEMENT DATED JULY 29, 1946, YOUR LETTER OF JUNE 14, 1946, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF JOHNNIE R. CRUMP, CHAUFFEUR, CPC-3, FOR A PER DIEM ALLOWANCE FOR THE PERIOD 7:30 A.M., MAY 19, 1946 TO 4 P.M., MAY 20, 1946, INCIDENT TO DUTY PERFORMED BY HIM IN DRIVING THE PRIVATELY OWNED CAR OF COLONEL JOHN R. HARDIN, CE, FROM VICKSBURG, MISSISSIPPI, TO NEW ORLEANS, LOUISIANA, AND RETURN.

NO ORDERS DIRECTING COLONEL HARDIN TO PROCEED FROM VICKSBURG TO NEW ORLEANS AND RETURN ACCOMPANIED SAID VOUCHER, BUT YOUR LETTER INDICATES THAT HE WAS ORDERED TO PERFORM THE TRAVEL; THAT MR. CRUMP WAS DETAILED TO DRIVE COLONEL HARDIN'S AUTOMOBILE TO AND FROM NEW ORLEANS; THAT COLONEL HARDIN DID NOT RETURN IN HIS AUTOMOBILE BUT PROCEEDED FROM NEW ORLEANS TO VICKSBURG BY GOVERNMENT BOAT IN ACCORDANCE WITH HIS TRAVEL ORDERS; AND THAT HE WAS PAID $6.42, REPRESENTING AN ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE DISTANCE FROM VICKSBURG TO NEW ORLEANS ON VOUCHER NO. 22749 OF YOUR JUNE, 1946, ACCOUNTS. THERE WAS SUBMITTED WITH SAID VOUCHER A COPY OF AN AUTHORIZATION FOR TRAVEL DATED MAY 17, 1946, AUTHORIZING TRAVEL BY MR. CRUMP, FROM VICKSBURG TO NEW ORLEANS AND RETURN, BEGINNING ON OR ABOUT MAY 19, 1946," FOR TEMPORARY DUTY, IN CONNECTION WITH TRANSPORTING OFFICIAL PASSENGERS," IN WHICH A PER DIEM ALLOWANCE AT THE RATE OF $4.50 WAS PRESCRIBED. MR. CRUMP HAS STATED THAT HE LEFT VICKSBURG AT 7:30 A.M., MAY 19, 1946, AND ARRIVED AT NEW ORLEANS AT 1 P.M., THE SAME DAY; THAT HE LEFT NEW ORLEANS AT 9 A.M., THE FOLLOWING MORNING, AND ARRIVED AT VICKSBURG SEVEN HOURS LATER.

IT IS ASSUMED THAT COLONEL HARDIN WAS PROPERLY PAID A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE UNDER THE PROVISIONS OF THE FOURTH PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, AUTHORIZING THE PAYMENT OF SUCH ALLOWANCE "IN LIEU OF TRANSPORTATION * * * IN KIND.' THE ALLOWANCE OF 3 CENTS A MILE IS A COMMUTATION OF ALL EXPENSES OF TRANSPORTATION AND WHERE AN OFFICER TRAVELS BY PRIVATELY OWNED AUTOMOBILE UNDER THE CITED PROVISIONS OF LAW THE COST TO THE GOVERNMENT MAY NOT BE INCREASED BY REASON OF THE AUTOMOBILE HAVING BEEN OPERATED BY A PERSON OTHER THAN THE OFFICER PERFORMING THE ORDERED TRAVEL.

SECTION 3 OF THE SUBSISTENCE EXPENSE ACT OF 1926, 44 STAT. 689, AS AMENDED, 5 U.S.C. 823, SUPPLEMENT II, CONTAINS AUTHORITY FOR PRESCRIBING A PER DIEM ALLOWANCE TO CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT ONLY WHEN THEY ARE "TRAVELING ON OFFICIAL BUSINESS.' WHILE THE AUTHORIZATION FOR TRAVEL DATED MAY 17, 1946, PRESCRIBED A PER DIEM ALLOWANCE FOR THE TRAVEL INVOLVED, SUCH TRAVEL WAS, AS HEREINBEFORE STATED, PERFORMED FOR THE PURPOSE OF DRIVING COLONEL HARDIN'S PRIVATELY OWNED CAR, WHILE HE ( COLONEL HARDIN) WAS TRAVELING THEREIN AT GOVERNMENT EXPENSE. TRAVEL PERFORMED BY A CIVILIAN EMPLOYEE UNDER SUCH CIRCUMSTANCES MAY NOT BE REGARDED AS TRAVEL "ON OFFICIAL BUSINESS" WITHIN THE MEANING OF THE SUBSISTENCE EXPENSE ACT OF 1926, SUPRA, AND, THEREFORE, NO RIGHT TO PER DIEM ACCRUED TO MR. CRUMP FOR THE TRAVEL SO PERFORMED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.