B-160928, MAR. 28, 1969

B-160928, MAR. 28, 1969

TO MRS. NEDRA A. BLACKWELL:

WE REFER TO YOUR LETTER OF FEBRUARY 26, 1969, WITH ENCLOSURES, REFERENCE 360, REQUESTING OUR DECISION WHETHER A VOUCHER IN FAVOR OF SAMUEL S. REY, AN EMPLOYEE OF THE BUREAU OF RECLAMATION MAY BE CERTIFIED FOR PAYMENT UNDER THE FOLLOWING RELATED FACTS:

THE EMPLOYEE AND HIS IMMEDIATE FAMILY CONSISTING OF HIS WIFE AND SIX CHILDREN WERE AUTHORIZED TO TRAVEL FROM FORT SMITH, MONTANA, TO COULEE DAM, WASHINGTON, INCIDENT TO A PERMANENT CHANGE OF STATION, EFFECTIVE JANUARY 1, 1967. AT THE TIME THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION HIS OLDEST SON WAS 19 YEARS OF AGE AND WAS COMMENCING TRAVEL ON A RELIGIOUS MISSION OVERSEAS.

IN DECEMBER 1968, THE SON RETURNED TO THE UNITED STATES AND TRAVELED DIRECTLY TO COULEE DAM TO JOIN HIS FAMILY. AT THAT TIME THE SON WAS OVER 21 YEARS OF AGE. THE EMPLOYEE HAS CLAIMED PAYMENT OF MILEAGE AND PER DIEM FOR HIS SON'S TRAVEL ON THE BASIS OF CONSTRUCTIVE TRAVEL BY AUTOMOBILE FROM FORT SMITH TO COULEE DAM.

YOU POINT OUT THAT THE EMPLOYEE'S SON ACCOMPLISHED HIS TRAVEL TO COULEE DAM WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER AS REQUIRED BY SECTION 1.3D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. HOWEVER, SINCE THE SON WAS OVER 21 YEARS OF AGE AT THE TIME HE PERFORMED THE TRAVEL IN QUESTION, YOU EXPRESS DOUBT AS TO WHETHER PAYMENT OF HIS EXPENSES IS ALLOWABLE UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-56.

SECTION 1.2D OF CIRCULAR NO. A-56, AS AMENDED BY TRANSMITTAL MEMORANDUM NO. 2 DATED JULY 11, 1967, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"-IMMEDIATE FAMILY- MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION * * * CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE * * *"

UNDER THE EXPRESS LANGUAGE QUOTED ABOVE, A CHILD'S ELIGIBILITY FOR TRAVEL AT GOVERNMENT EXPENSE IS DEPENDENT UPON HIS STATUS AS OF THE DATE THE EMPLOYEE REPORTS FOR DUTY AT THE NEW OFFICIAL STATION. SINCE THE SON IN THE PRESENT CASE WAS UNDER 21 YEARS OF AGE AND APPARENTLY WAS A MEMBER OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME THE EMPLOYEE REPORTED FOR DUTY AT COULEE DAM, THE SON'S TRAVEL EXPENSES MAY BE ALLOWED UNDER THE LAW AND REGULATIONS.

DUE TO THE SIZE OF HIS IMMEDIATE FAMILY THE EMPLOYEE WAS AUTHORIZED TO USE TWO PRIVATELY OWNED VEHICLES FOR THE TRANSPORTATION OF HIMSELF AND FAMILY TO COULEE DAM. THE RECORD SHOWS THAT THE EMPLOYEE AND THREE OF HIS CHILDREN TRAVELED IN ONE VEHICLE WHILE HIS WIFE AND THE TWO REMAINING CHILDREN TRAVELED IN THE SECOND VEHICLE. SINCE THE TRAVEL OF THE OLDEST SON WAS DELAYED BECAUSE OF PERSONAL REASONS, HIS ALLOWABLE MILEAGE AND PER DIEM PAYMENTS SHOULD BE COMPUTED UNDER SECTION 2.3A OF CIRCULAR NO. A-56 AS IF HE HAD TRAVELED WITH THE OTHER MEMBERS OF THE FAMILY IN THE SECOND VEHICLE. SEE B-156433, JUNE 11, 1965, COPY HEREWITH.

THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE ABOVE.