B-140119, JUL. 23, 1959
Highlights
THE RECORD DISCLOSES THAT THE EMPLOYEE WAS INSTRUCTED TO PROCEED FROM PHOENIX. BARRY WAS AUTHORIZED TO USE. THE AUTOMOBILE WAS STORED AT WHITEHORSE FROM APRIL 4. THE EMPLOYEE SAYS THAT IT IS IMPOSSIBLE TO GET TO JUNEAU FROM ANY OUTSIDE POINT PRIOR TO THE LATTER PART OF MAY WITH AN AUTOMOBILE WITHOUT SHIPMENT OF THE CAR BY OCEAN FREIGHT. BARRY COULD HAVE LEFT THE AUTOMOBILE AT THE EKLUTNA PROJECT INSTEAD OF HIS TAKING IT TO WHITEHORSE. THE EMPLOYEE SAYS THAT TO HAVE DONE SO WOULD HAVE INVOLVED TEN TIMES MORE STORAGE CHARGES. IS A COMMUTATION OF THE EXPENSE OF OPERATING SUCH AUTOMOBILE. THE ALLOWANCE OF MILEAGE FOR AUTOMOBILE TRAVEL IS IN LIEU OF ALL TRANSPORTATION COSTS EXCEPT ACTUAL EXPENSES INCURRED FOR ITEMS EXPRESSLY ENUMERATED IN THE ACT.
B-140119, JUL. 23, 1959
TO MR. LES W. COOK, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF INTERIOR:
YOUR LETTER OF JUNE 25, 1959, REFERENCE D-311A, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUPPLEMENTAL VOUCHER TRANSMITTED IN FAVOR OF MR. ROBERT I. BARRY, FOR $30 AS REIMBURSEMENT FOR THE STORAGE CHARGE ON A PRIVATELY OWNED AUTOMOBILE USED IN OFFICIAL TRAVEL FROM ANCHORAGE, ALASKA, TO WHITEHORSE, YUKON TERRITORY, THENCE TO YAKIMA, WASHINGTON.
THE RECORD DISCLOSES THAT THE EMPLOYEE WAS INSTRUCTED TO PROCEED FROM PHOENIX, ARIZONA, TO JUNEAU, ANCHORAGE, AND RETURN FOR THE PURPOSE OF AUDITING THE DISTRICT OFFICE AT JUNEAU AND THE EKLUTNA PROJECT OFFICE AT ANCHORAGE. MR. BARRY WAS AUTHORIZED TO USE, AS REQUIRED, COMMON CARRIER, PRIVATELY OWNED AUTOMOBILE AT A MILEAGE RATE OF SEVEN CENTS PER MILE, ADMINISTRATIVELY DETERMINED TO BE TO THE ADVANTAGE OF THE GOVERNMENT, AND GOVERNMENT-OWNED CONVEYANCE.
THE EMPLOYEE SAYS THAT HE TRAVELED FROM HIS TEMPORARY DUTY STATION AT PHOENIX, ARIZONA, ABOUT JANUARY 1958, TO ANCHORAGE BY PRIVATELY OWNED AUTOMOBILE FOR THE PURPOSE OF MAKING AN AUDIT OF THE EKLUTNA PROJECT. COMPLETED THE AUDIT EARLY IN APRIL 1958, AND PROCEEDED TO JUNEAU TO AUDIT THE DISTRICT OFFICE OF THE BUREAU OF RECLAMATION. HE TRAVELED BY PRIVATELY OWNED AUTOMOBILE TO WHITEHORSE, YUKON TERRITORY, THENCE BY COMMERCIAL AIRWAY TO JUNEAU. THE AUTOMOBILE WAS STORED AT WHITEHORSE FROM APRIL 4, 1958, TO JUNE 4, 1958, AT WHICH TIME THE EMPLOYEE, HAVING COMPLETED THE AUDIT IN JUNEAU, RETURNED BY COMMERCIAL AIRWAY TO WHITEHORSE, YUKON TERRITORY, TO PICK UP HIS AUTOMOBILE UPON PAYMENT OF STORAGE CHARGES OF $30. HE THEN PROCEEDED BY PRIVATELY OWNED AUTOMOBILE FROM THERE TO HIS NEXT TEMPORARY DUTY STATION, YAKIMA, WASHINGTON.
THE EMPLOYEE SAYS THAT IT IS IMPOSSIBLE TO GET TO JUNEAU FROM ANY OUTSIDE POINT PRIOR TO THE LATTER PART OF MAY WITH AN AUTOMOBILE WITHOUT SHIPMENT OF THE CAR BY OCEAN FREIGHT. MR. BARRY COULD HAVE LEFT THE AUTOMOBILE AT THE EKLUTNA PROJECT INSTEAD OF HIS TAKING IT TO WHITEHORSE, BUT THE EMPLOYEE SAYS THAT TO HAVE DONE SO WOULD HAVE INVOLVED TEN TIMES MORE STORAGE CHARGES.
YOU SAY THAT MR. BARRY EXERCISED DUE CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.
THE ALLOWANCE OF MILEAGE TO AN OFFICER OR EMPLOYEE FOR OFFICIAL TRAVEL PERFORMED IN A PRIVATELY OWNED AUTOMOBILE AS AUTHORIZED BY THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 835-842, IS A COMMUTATION OF THE EXPENSE OF OPERATING SUCH AUTOMOBILE. THE ALLOWANCE OF MILEAGE FOR AUTOMOBILE TRAVEL IS IN LIEU OF ALL TRANSPORTATION COSTS EXCEPT ACTUAL EXPENSES INCURRED FOR ITEMS EXPRESSLY ENUMERATED IN THE ACT, SUPRA, WHICH INCLUDE FERRY FARES, BRIDGE, ROAD, AND TUNNEL TOLLS. THE LONG ESTABLISHED RULE IS THAT AN EMPLOYEE WHO RECEIVES REIMBURSEMENT UPON A MILEAGE BASIS FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE ASSUMES ALL EXPENSE FOR MAINTENANCE AND OPERATION OF THE VEHICLE, INCLUDING GARAGE STORAGE. 100332, JANUARY 8, 1951 (COPY ENCLOSED).
IN THE PRESENT SITUATION, HOWEVER, SINCE WE UNDERSTAND THE TRAVEL BY AUTOMOBILE TO JUNEAU WAS IMPOSSIBLE DURING THE PART OF THE YEAR WHEN THE TRAVEL WAS BEING PERFORMED, AND SINCE IT APPEARS THAT MR. BARRY DID THE MOST ECONOMICAL THING HE COULD DO UNDER THE CIRCUMSTANCES, WE CONCLUDE THAT THE EMPLOYEE'S MILEAGE STATUS TERMINATED FOR REASONS BEYOND HIS CONTROL AT WHITEHORSE, WHEN HE PLACED HIS CAR IN STORAGE, AND, PURSUANT TO HIS TRAVEL ORDERS, USED OTHER MEANS OF TRANSPORTATION TO PROCEED TO JUNEAU FOR ADDITIONAL TEMPORARY DUTY BEFORE RETURNING TO WHITEHORSE FOR THE RESUMPTION OF HIS MILEAGE STATUS. UNDER SUCH CIRCUMSTANCES, THE STORAGE CHARGES REASONABLY MAY BE VIEWED AS AN EXTRAORDINARY TRAVEL EXPENSE NECESSARILY INCURRED BY THE EMPLOYEE IN CONNECTION WITH THE TRANSACTION OF OFFICIAL BUSINESS, IN NOWISE COMMUTED, HENCE REIMBURSABLE UNDER SECTION 10.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SEE 29 COMP. GEN. 440.
THEREFORE, AND SINCE A RECEIPT HAS BEEN FURNISHED IN SUPPORT OF THE STORAGE CHARGES, THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.