B-152030, AUG. 15, 1963

B-152030, AUG. 15, 1963

TO THE SECRETARY OF THE AIR FORCE:

THERE HAS BEEN BROUGHT TO OUR ATTENTION THE MATTER CONCERNING THE PAYMENT OF TRAVEL EXPENSES AND PER DIEM OF MR. WENDELL W. SMITH, AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE IN RETURNING FROM A TEMPORARY DUTY POST TO HIS HEADQUARTERS DUE TO AN EMERGENCY.

THE INFORMATION AVAILABLE SHOWS THAT MR. SMITH DEPARTED ROBINS AIR FORCE BASE, GEORGIA, APRIL 2, 1963, FOR TEMPORARY DUTY AT CAPE CANAVERAL, FLORIDA. UPON ARRIVAL AT HIS TEMPORARY DUTY STATION HE WAS ADVISED OF A FAMILY EMERGENCY THAT HAD OCCURRED SUBSEQUENT TO HIS DEPARTURE FROM HOME. MR. SMITH WAS AUTHORIZED BY HIS SUPERVISOR TO TERMINATE HIS TEMPORARY DUTY ASSIGNMENT AND RETURN HOME BECAUSE OF THE EMERGENCY. PRIOR TO DEPARTURE FROM HIS PLACE OF TEMPORARY DUTY ASSIGNMENT HE ACCOMPLISHED A MAJOR PORTION OF HIS PART OF THE MISSION BY DELIVERING NECESSARY INFORMATION TO ANOTHER MEMBER OF HIS TEMPORARY DUTY MISSION GROUP. IN THIS MANNER THE MISSION WAS SATISFACTORILY ACCOMPLISHED WITHOUT REPLACING MR. SMITH WITH ANOTHER EMPLOYEE AND THE MISSION WAS COMPLETED WITHOUT ADDITIONAL COST TO THE GOVERNMENT BECAUSE OF MR. SMITH'S DEPARTURE. MR. SMITH USED THE PRIVATELY-OWNED AUTOMOBILE OF MR. CRENSHAW FOR HIS RETURN TRAVEL. MR. CRENSHAW'S TRAVEL ORDERS AUTHORIZED TRAVEL BY PRIVATELY-OWNED AUTOMOBILE WITH A MILEAGE ALLOWANCE OF 10 CENTS PER MILE TO BE ACCOMPANIED BY MR. SMITH. MR. SMITH'S TRAVEL ORDERS AUTHORIZED HIS TRAVEL AS A PASSENGER IN MR. CRENSHAW'S AUTOMOBILE. MR. CRENSHAW PERFORMED HIS RETURN TRAVEL AS A PASSENGER IN THE PRIVATELY-OWNED AUTOMOBILE BELONGING TO ANOTHER MEMBER OF THE MISSION AND RECEIVED NO MILEAGE ALLOWANCE FOR THE RETURN TRIP.

WHILE THE ORIGINAL PURPOSE OF THE TRAVEL WAS NOT COMPLETELY FULFILLED, THE AVAILABLE INFORMATION SHOWS THAT MR. SMITH HAS SUBSTANTIALLY COMPLETED THE PURPOSE OF THE TRAVEL AND THE DUTIES HE WAS TO PERFORM WERE COMPLETED AT NO ADDITIONAL COST TO THE GOVERNMENT. THEREFORE, HE WOULD BE ENTITLED TO PER DIEM FOR THE RETURN TRAVEL. SEE 20 COMP. GEN. 540; B-76983 DATED JULY 2, 1948; AND B-143396 DATED JULY 21, 1960.

CONCERNING THE TRAVEL EXPENSES BY AUTOMOBILE MR. SMITH WOULD NOT BE ENTITLED TO MILEAGE UNDER THE CIRCUMSTANCES. HOWEVER, WE WOULD NOT OBJECT TO MR. SMITH BEING REIMBURSED FOR ACTUAL EXPENSES OF THE JOURNEY FOR GASOLINE, OIL, TOLL CHARGES, ETC., NOT IN EXCESS OF THE COMMON CARRIER COST. WE DIRECT ATTENTION TO THE REQUIREMENTS AND RESTRICTIONS IN SECTIONS 3.4B AND D; 3.5A; 11.1G; 12.2E; AND 12.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.