B-130608, MAY 2, 1957, 36 COMP. GEN. 753

B-130608, MAY 2, 1957, 36 COMP. GEN. 753

MILITARY PERSONNEL - TRAVEL STATUS - CONCURRENT MILEAGE AND PER DIEM PAYMENTS - PROHIBITION THE MILEAGE ALLOWANCE WHICH IS AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES, IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, IS ONE OF THE MUTUALLY EXCLUSIVE METHODS OF PAYMENT FOR TRAVEL AND IS INTENDED TO COVER EXPENSES OF TEMPORARY LODGING, ETC., AND, THEREFORE THE PAYMENT OF MILEAGE AND PER DIEM FOR THE SAME DAY, EVEN THOUGH NOT FOR THE SAME PART OF THE DAY, IS PRECLUDED.

TO THE SECRETARY OF THE ARMY, MAY 2, 1957:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 4, 1957, FROM THE ASSISTANT SECRETARY OF THE ARMY ( MANPOWER AND RESERVE FORCES), REQUESTING A DECISION ON THE FOLLOWING QUESTION:

MAY THE SECRETARIES AMEND THE JOINT TRAVEL REGULATIONS TO AUTHORIZE THE PAYMENT OF MILEAGE AND PER DIEM ON THE SAME DAY PROVIDED THAT PAYMENT IS NOT MADE ON BOTH BASES FOR THE SAME FRACTION OF A DAY?

AUTHORITY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), AS AMENDED BY 70 STAT. 275, 37 U.S.C. 253, WHICH PROVIDES THAT:

* * * THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED FOR EACH TYPE OF TRAVEL SHALL BE LIMITED TO ONE OF THE FOLLOWING: (1) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN LIEU OF COST OF TRANSPORTATION AT A RATE NOT IN EXCESS OF 7 CENTS PER MILE BASED ON DISTANCE ESTABLISHED OR TO BE ESTABLISHED OVER THE SHORTEST USUALLY TRAVELED ROUTES, IN ACCORDANCE WITH MILEAGE TABLES PREPARED BY THE CHIEF OF FINANCE OF THE DEPARTMENT OF THE ARMY UNDER THE DIRECTION OF THE SECRETARY OF THE ARMY; (2) TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE AS PROVIDED IN (1) OF THIS SENTENCE, PLUS A PER DIEM IN LIEU OF SUBSISTENCE NOT TO EXCEED $12.00 PER DAY; OR (3) A MILEAGE ALLOWANCE OF NOT EXCEEDING 10 CENTS PER MILE BASED ON DISTANCES ESTABLISHED PURSUANT TO EXISTING LAW: * * *

AS POINTED OUT IN OUR DECISION OF MARCH 6, 1957, B-130599, TO THE SECRETARY OF THE ARMY, THE EFFECT OF THE PROVISION IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT REQUIRING THAT TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED FOR EACH TYPE OF TRAVEL " SHALL BE LIMITED TO ONE OF" THE THREE METHODS THERE LISTED, IS TO AUTHORIZE THREE MUTUALLY EXCLUSIVE METHODS--- EXCEPT THAT (1) IS INCLUDED IN (2/- - OF REIMBURSING MEMBERS FOR EXPENSES INCURRED IN THE PERFORMANCE OF TRAVEL DIRECTED IN COMPETENT ORDERS. SINCE THE FURNISHING OF TRANSPORTATION IN KIND IS AUTHORIZED ONLY IN METHODS (1) AND (2), IT SEEMS REASONABLE TO CONCLUDE THAT PAYMENT OF MILEAGE UNDER (3) WAS INTENDED ONLY IN CASES WHERE A MEMBER TRAVELS AT PERSONAL EXPENSE.

THE REGULATIONS ISSUED UNDER PROVISIONS OF LAW IN EFFECT PRIOR TO ENACTMENT OF THE CAREER COMPENSATION ACT GENERALLY PROVIDED FOR PAYMENT OF PER DIEM WITHIN THE UNITED STATES ON A FLAT DAILY BASIS. IT WAS HELD IN OUR DECISION DATED JUNE 24, 1943, B-31588, AND OTHER DECISIONS, THAT THE STATUTORY PROVISIONS THEN IN EFFECT AUTHORIZING THE PRESCRIPTION OF PER DIEM FOR TRAVEL INSTEAD OF MILEAGE COULD NOT BE REGARDED AS REASONABLY CONTEMPLATING A MIXTURE OF THE TWO DURING THE SAME TRAVEL STATUS PERIOD. FOLLOWING THAT RULE, THE JOINT TRAVEL REGULATIONS (PARAGRAPHS 4151, 4201- 1, AND 4208) CURRENTLY PROHIBIT THE PAYMENT OF MILEAGE AND PER DIEM FOR TRAVEL PERFORMED ON THE SAME DAY.

LIKE THE PRIOR SIMILAR STATUTES SECTION 303 (A) OF THE CAREER COMPENSATION ACT CLEARLY DOES NOT AUTHORIZE THE PAYMENT OF BOTH MILEAGE AND PER DIEM TO MEMBERS FOR THE SAME TRAVEL STATUS PERIOD. UNDER THAT SECTION THE ADMINISTRATIVE REGULATIONS AUTHORIZED TO BE ISSUED MUST LIMIT A MEMBER'S RIGHT TO ONE OF THE LISTED TRAVEL ALLOWANCES. THE CURRENT REGULATIONS GENERALLY PROVIDE THAT PER DIEM SHALL BE PAID UNDER ORDERS DIRECTING TEMPORARY DUTY WHEREAS A RIGHT TO MILEAGE MAY ARISE INCIDENT TO A PERMANENT CHANGE OF STATION. BUT IRRESPECTIVE OF THE TYPE OF DUTY INCIDENT TO WHICH A RIGHT TO MILEAGE ACCRUES AND NOTWITHSTANDING THAT IT IS COMPUTED ON THE BASIS OF SO MUCH PER MILE, THE LAW DOES NOT PROVIDE, NOR DOES IT APPEAR THAT THE DRAFTERS OF IT REASONABLY COULD HAVE CONTEMPLATED, THAT THE MILEAGE ALLOWANCE WAS DESIGNATED TO COVER ONLY THE EXPENSES OF TRAVEL WHICH ARE INCURRED UP TO AND INCLUDING THE LAST MILE OF TRAVEL. IT WOULD SEEM APPARENT THAT THE CONGRESS WAS AWARE THAT TEMPORARY LODGING AND MEALS MIGHT HAVE TO BE UTILIZED ON THE DAY OF ARRIVAL AT A STATION IN A MILEAGE STATUS EVEN THOUGH THAT STATION IS HIS NEW PERMANENT STATION. THUS, IT IS OUR VIEW THAT THE MILEAGE ALLOWANCE AUTHORIZED AS ONE OF THE MUTUALLY EXCLUSIVE METHODS OF PAYMENT FOR TRAVEL OF MEMBERS MUST HAVE BEEN UNDERSTOOD TO BE SUFFICIENT TO COVER THE EXPENSE OF USING TEMPORARY LODGING, ETC., AT LEAST FOR THE DAY OF ARRIVAL AT A PERMANENT STATION. IN SUCH CIRCUMSTANCES, PAYMENT OF PER DIEM FOR ANY PART OF THAT DAY WOULD NOT BE AUTHORIZED.