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B-192499, JANUARY 31, 1979, 58 COMP.GEN. 249

B-192499 Jan 31, 1979
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THE TRANSPORTATION COSTS OF THE DEPENDENTS AND AUTOMOBILE PLUS PER DIEM ARE LESS THAN THE CONSTRUCTIVE ENTITLEMENT OF THE DEPENDENTS' TRAVEL BY AUTOMOBILE. 1979: THIS IS IN RESPONSE TO A REQUEST FOR A DECISION REGARDING THE CLAIM OF TIMOTHY A. TOWNS WAS TRANSFERRED FROM SAN DIEGO TO DENVER EFFECTIVE AUGUST 15. WAS AUTHORIZED THE USE OF TWO PRIVATELY OWNED VEHICLES BECAUSE HIS REPORTING DATE WAS EARLIER THAN HIS FAMILY'S RELOCATION DATE. TOWNS COMPLETED HIS TRAVEL FROM SAN DIEGO TO DENVER BY AUTOMOBILE AND WAS REIMBURSED FOR MILEAGE AND PER DIEM. HIS CLAIM OF $150 FOR THE COST OF SHIPPING THE SECOND AUTOMOBILE WAS DENIED BY THE AGENCY. TOWNS POINTS OUT THAT THE COST OF SHIPPING HIS FAMILY BY AIR PLUS THE COST OF SHIPPING THE SECOND CAR ARE LESS THAN THE CONSTRUCTIVE COST OF TRAVEL BY AUTOMOBILE FOR HIS WIFE AND THREE CHILDREN.

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B-192499, JANUARY 31, 1979, 58 COMP.GEN. 249

TRANSPORTATION - AUTOMOBILES - AUTHORITY EMPLOYEE TRANSFERRED IN AUGUST 1977 FROM SAN DIEGO, CALIFORNIA, TO DENVER, COLORADO, DROVE TO NEW STATION. ALTHOUGH AUTHORIZED THE USE OF A SECOND AUTOMOBILE, HIS WIFE AND CHILDREN TRAVELED BY AIR AND SHIPPED THE SECOND CAR BY COMMERCIAL CARRIER. THE TRANSPORTATION COSTS OF THE DEPENDENTS AND AUTOMOBILE PLUS PER DIEM ARE LESS THAN THE CONSTRUCTIVE ENTITLEMENT OF THE DEPENDENTS' TRAVEL BY AUTOMOBILE. IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORIZATION REQUIRED BY 5 U.S.C. 5727(A), EMPLOYEE'S CLAIM FOR THE COST OF SHIPPING HIS PRIVATELY OWNED VEHICLE FROM SAN DIEGO TO DENVER MAY NOT BE PAID.

IN THE MATTER OF TIMOTHY A. TOWNS - REIMBURSEMENT OF COST OF SHIPPING PRIVATELY OWNED VEHICLE, JANUARY 31, 1979:

THIS IS IN RESPONSE TO A REQUEST FOR A DECISION REGARDING THE CLAIM OF TIMOTHY A. TOWNS, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, FOR REIMBURSEMENT OF THE COST OF SHIPPING HIS PRIVATELY OWNED VEHICLE INCIDENT TO HIS TRANSFER FROM SAN DIEGO, CALIFORNIA, TO DENVER, COLORADO.

THE RECORD SHOWS THAT MR. TOWNS WAS TRANSFERRED FROM SAN DIEGO TO DENVER EFFECTIVE AUGUST 15, 1977, AND WAS AUTHORIZED THE USE OF TWO PRIVATELY OWNED VEHICLES BECAUSE HIS REPORTING DATE WAS EARLIER THAN HIS FAMILY'S RELOCATION DATE. MR. TOWNS COMPLETED HIS TRAVEL FROM SAN DIEGO TO DENVER BY AUTOMOBILE AND WAS REIMBURSED FOR MILEAGE AND PER DIEM. HOWEVER, ALTHOUGH AUTHORIZED THE USE OF A SECOND AUTOMOBILE, HIS WIFE AND THREE CHILDREN COMPLETED THEIR TRAVEL BY AIR, AND SHIPPED THE SECOND CAR BY COMMERCIAL CARRIER.

MR. TOWNS HAS BEEN REIMBURSED FOR AIR FARE AND PER DIEM FOR THE TRAVEL OF HIS FAMILY, BUT HIS CLAIM OF $150 FOR THE COST OF SHIPPING THE SECOND AUTOMOBILE WAS DENIED BY THE AGENCY. IN SEEKING REIMBURSEMENT, MR. TOWNS POINTS OUT THAT THE COST OF SHIPPING HIS FAMILY BY AIR PLUS THE COST OF SHIPPING THE SECOND CAR ARE LESS THAN THE CONSTRUCTIVE COST OF TRAVEL BY AUTOMOBILE FOR HIS WIFE AND THREE CHILDREN. SINCE THE GOVERNMENT WOULD REALIZE AN OVERALL SAVINGS, HE BELIEVES HE IS ENTITLED TO HIS ACTUAL EXPENSES NOT TO EXCEED THE CONSTRUCTIVE COST OF TRAVEL BY THE SECOND AUTOMOBILE. HE ALSO NOTES THAT THE METHOD OF TRANSPORTATION USED WAS MORE BENEFICIAL TO HIS FAMILY SINCE, AT THE TIME OF THE MOVE, THE AGES OF HIS CHILDREN WERE 4 YEARS, 2 YEARS, AND 10 MONTHS.

THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES AT GOVERNMENT EXPENSE IN CONNECTION WITH A TRANSFER BETWEEN DUTY STATIONS IS PROHIBITED BY 5 U.S.C. 5727(A) (1976) IN THE ABSENCE OF SPECIFIC AUTHORIZATION BY STATUTE. WHILE 5 U.S.C. 5727(B) DOES PERMIT TRANSPORTATION OF PRIVATELY OWNED VEHICLES AT GOVERNMENT EXPENSE IN CONNECTION WITH ASSIGNMENTS TO DUTY, OR RETURN FROM DUTY, AT POSTS OUTSIDE THE CONTINENTAL UNITED STATES, THERE IS NO AUTHORITY WHICH PERMITS REIMBURSEMENT FOR THE COST OF SHIPMENT OF AN AUTOMOBILE WITHIN THE CONTINENTAL UNITED STATES. B-186115, FEBRUARY 4, 1977.

ACCORDINGLY, THE PROHIBITION IN 5 U.S.C. 5727(A) APPLIES, AND MR. TOWNS' CLAIM FOR THE COST OF SHIPPING HIS CAR WITHIN THE CONTINENTAL UNITED STATES MAY NOT BE PAID.

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