B-154949, JAN. 5, 1965

B-154949, JAN. 5, 1965

TO MR. LEE M. WALKER:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 28 AND DECEMBER 1, 1964, WITH ENCLOSURES, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED SEPTEMBER 14, 1964, WHICH ALLOWED YOU THE SUM OF $80.30, REPRESENTING A TRAILER ALLOWANCE AT THE COMMUTED RATE OF 11 CENTS PER MILE FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER FROM EASTABOGA, ALABAMA, TO CHAMBERSBURG, PENNSYLVANIA, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE RECORD SHOWS THAT ON SEPTEMBER 11, 1961, YOU WERE TRANSFERRED FROM THE ANNISTON ORDNANCE DEPOT, ANNISTON, ALABAMA, TO TROIS FONTAINES, FRANCE, FOR A PERIOD OF AT LEAST TWO YEARS. ALTHOUGH YOU WERE AUTHORIZED TO SHIP 7,000 POUNDS OF HOUSEHOLD EFFECTS OVERSEAS, YOU ELECTED TO SHIP ONLY 2,855 POUNDS TO YOUR NEW DUTY STATION, LEAVING THE BALANCE OF YOUR HOUSEHOLD EFFECTS WITHIN YOUR HOUSE TRAILER WHICH WAS STORED, AT YOUR OWN EXPENSE, IN ESTABOGA, ALABAMA (APPROXIMATELY 13 MILES WEST OF ANNISTON).

UPON COMPLETION OF YOUR OVERSEAS TOUR OF DUTY, YOU WERE ASSIGNED TO A NEW PERMANENT DUTY STATION AT LETTERKENNY ARMY DEPOT, CHAMBERSBURG, PENNSYLVANIA. DEPARTMENT OF THE ARMY TRAVEL ORDER NO. VERDUN 7-7, DATED JULY 17, 1963, AS AMENDED JULY 18, 1963, AUTHORIZED TRAVEL FOR YOU AND YOUR DEPENDENTS AND TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM FRANCE TO CHAMBERSBURG, PENNSYLVANIA. PURSUANT TO THAT AUTHORIZATION, YOU SHIPPED 2,855 POUNDS OF HOUSEHOLD EFFECTS FROM YOUR OVERSEAS STATION TO CHAMBERSBURG.

UPON YOUR RETURN TO THIS COUNTRY IN AUGUST 1963, YOU TRAVELED BY PRIVATELY-OWNED AUTOMOBILE FROM TRENTON, NEW JERSEY, TO EASTABOGA FOR THE PURPOSE OF RETRIEVING YOUR HOUSE TRAILER AND THEN, APPARENTLY BY RENTED TRUCK, YOU PERSONALLY TOWED YOUR HOUSE TRAILER FROMEASTABOGA TO CHAMBERSBURG. IT NOW APPEARS THAT YOU ARE REQUESTING ADDITIONAL REIMBURSEMENT FOR YOUR PERSONAL TRAVEL BY PRIVATELY-OWNED AUTOMOBILE FROM TRENTON TO EASTABOGA AND FOR YOUR TRAVEL BY TRUCK FROM EASTABOGA TO CHAMBERSBURG. ALSO, IT APPEARS THAT YOU ARE CONTESTING THE AMOUNT ALLOWED YOU FOR TRAILER ALLOWANCE ON THE BASIS THAT THE DISTANCE BETWEEN EASTABOGA AND CHAMBERSBURG SHOULD HAVE BEEN SHOWN AS 856 MILES, AS RECORDED ON YOUR SPEEDOMETER, RATHER THAN 730 MILES AS ALLOWED IN OUR SETTLEMENT.

SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE TRAVELING EXPENSES WHICH WILL BE REIMBURSED ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF OFFICIAL BUSINESS. SECTION 2.1 OF THOSE REGULATIONS PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, ALL TRAVEL SHALL BE EITHER AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED.

YOU AND YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL ONLY FROM FRANCE TO CHAMBERSBURG, PENNSYLVANIA, IN CONNECTION WITH YOUR PERMANENT CHANGE OF STATION. YOUR TRAVEL BY AUTOMOBILE TO EASTABOGA AND RETURN TO CHAMBERSBURG WAS NEITHER AUTHORIZED NOR APPROVED, NOR CAN WE REGARD IT AS BEING ESSENTIAL TO THE TRANSACTING OF OFFICIAL BUSINESS BECAUSE YOU MIGHT HAVE BEEN TOLD THAT YOU WOULD BE REEMPLOYED AT ANNISTON ARMY DEPOT UPON COMPLETION OF YOUR FOREIGN ASSIGNMENT.

WHILE THE APPLICABLE REGULATIONS (PARTICULARLY SECTION 1.9 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56), PERMITTED THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM EASTABOGA TO CHAMBERSBURG, IN ADDITION TO THE SHIPMENT OF EFFECTS FROM YOUR OVERSEAS STATION (WITHIN THE STATED COST LIMITATION), THERE EXISTS NO LEGAL BASIS TO REIMBURSE YOU FOR THE UNAUTHORIZED TRAVEL PERFORMED BY YOU FOR THE PURPOSE OF TOWING YOUR HOUSE TRAILER FROM EASTABOGA TO CHAMBERSBURG.

WITH RESPECT TO THE ISSUE CONCERNING THE DISTANCE BETWEEN EASTABOGA AND CHAMBERSBURG, WE INVITE YOUR ATTENTION TO SECTION 6.2A OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, PERTAINING TO THE TRANSPORTATION OF HOUSE TRAILERS, WHICH PROVIDES AS FOLLOWS:

"WHERE POINTS OF ORIGIN AND DESTINATION ARE WITHIN THE CONTINENTAL UNITED STATES, INCLUDING ALASKA, THE ALLOWABLE DISTANCE BETWEEN THESE POINTS SHALL BE THE STANDARD HIGHWAY MILEAGE ALLOWED UNDER SECTION 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IN COMPUTING THE MILEAGE PAYMENT FOR A PRIVATELY OWNED AUTOMOBILE.'

SECTION 3.5B/1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT DISTANCES BETWEEN POINTS TRAVELED BY PRIVATELY OWNED AUTOMOBILE SHALL BE AS SHOWN IN STANDARD HIGHWAY MILEAGE GUIDES OR BY SPEEDOMETER READINGS. "ANY SUBSTANTIAL DEVIATIONS FROM DISTANCES SHOWN IN THE STANDARD HIGHWAY MILEAGE GUIDES SHALL BE EXPLAINED.' THE DISTANCE USED BY THIS OFFICE IN COMPUTING YOUR TRAILER ALLOWANCE WAS THAT SHOWN IN THE RAND MCNALLY STANDARD HIGHWAY MILEAGE GUIDE. IN THE ABSENCE OF A STATEMENT FROM YOU EXPLAINING THE DEVIATION OF 126 MILES FROM THE DISTANCE SHOWN IN THE MILEAGE GUIDE, WE FIND NO BASIS TO ALTER OUR SETTLEMENT OF SEPTEMBER 14, 1964, AND, THEREFORE, OUR SETTLEMENT IS SUSTAINED.