B-155042, SEP. 24, 1964

B-155042, SEP. 24, 1964

TO MR. RICHARD L. LLOYD:

THIS REFERS TO YOUR LETTER OF JUNE 24, 1964, FORWARDED TO OUR OFFICE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR OUR CONSIDERATION. IN YOUR LETTER YOU ARE REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT OF MAY 25, 1964, WHICH LIMITED YOUR TRAVEL FOR REIMBURSEMENT BY PRIVATELY-OWNED AUTOMOBILE FROM EDGEWOOD, MARYLAND, TO SALT LAKE CITY, UTAH, TO THE COST BY USUAL MODE OF TRANSPORTATION. YOUR LETTER YOU QUESTION THE INTERPRETATION OF THE PHRASE "USUAL MODE OF TRANSPORTATION" AS USED IN THE TRAVEL ORDER.

BY TRAVEL ORDER DATED OCTOBER 16, 1962, YOU WERE AUTHORIZED TO TRAVEL FROM EDGEWOOD, MARYLAND, TO SALT LAKE CITY, UTAH, UPON PERMANENT CHANGE OF STATION. PARAGRAPH 11 OF THE TRAVEL ORDER AUTHORIZED YOU TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE WITH REIMBURSEMENT LIMITED TO COST TO THE GOVERNMENT OF TRAVEL BY THE USUAL MODE OF TRANSPORTATION, INCLUDING PER DIEM. AT THE TOP OF THE TRAVEL ORDER IT READS AS FOLLOWS: "REQUEST AND AUTHORIZATION FOR MILITARY PERSONNEL TDY TRAVEL AND CIVILIAN PERSONNEL TDY AND PCS TRAVEL (AR 310 10 AND CPR T-3).'

THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATION T-3 CONTAINS THE POLICIES AND OUTLINES THE AUTHORITY AND CONDITIONS GOVERNING MOVEMENT OF CIVILIANS TRAVELING IN THE INTEREST OF THE DEPARTMENT OF THE ARMY AT GOVERNMENT EXPENSE. CIVILIAN PERSONNEL REGULATION T3.3-LB (3), PERTAINING TO USUAL MODE OF TRANSPORTATION PROVIDES AS FOLLOWS:

"/3) USUAL MODE OF TRANSPORTATION. WHERE THE TERM "USUAL MODE OF TRANSPORTATION" IS USED IN THESE REGULATIONS IT WILL BE CONSIDERED TO MEAN TRAVEL BY RAILWAY UNLESS THE TRAVEL ORDERS SPECIFICALLY STATE OTHERWISE, OR RAIL TRANSPORTATION IS NOT AVAILABLE. IN THE LATTER CASE IT WILL BE CONSIDERED THE MODE/S) ORDINARILY UTILIZED BETWEEN THE POINTS INVOLVED.'

CIVILIAN PERSONNEL REGULATION T3.3-4A (2), PERTAINING TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE UPON A PERMANENT CHANGE OF STATION WHERE REIMBURSEMENT IS LIMITED TO THE COST OF USUAL MODE OF TRANSPORTATION PROVIDES, IN PART, AS FOLLOWS:

"/2) PERMANENT CHANGE OF STATION TRAVEL. * * * REIMBURSEMENT FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE * * * INCIDENT TO A PERMANENT CHANGE OF STATION WILL BE SUBJECT TO THE LIMITATION OF EXPENSE TO THE GOVERNMENT FOR THE USUAL MODE OF TRANSPORTATION, INCLUDING PER DIEM, BUT WILL NOT EXCEED 12 CENTS A MILE. WHERE DEPENDENTS TRAVEL BY PRIVATELY OWNED CONVEYANCE WITH THE EMPLOYEE, OR IN A SEPARATE CONVEYANCE ON THE SAME OR A LATER DATE, THE COST OF DEPENDENTS' TRANSPORTATION SHOULD BE CONSIDERED IN DETERMINING EXPENSE TO THE GOVERNMENT FOR THE USUAL MODE OF TRANSPORTATION. * * *"

UNDER YOUR TRAVEL ORDER AND THE APPLICABLE REGULATIONS YOU WERE ENTITLED TO REIMBURSEMENT OF MILEAGE AND PER DIEM NOT TO EXCEED THE COST TO THE GOVERNMENT BY THE USUAL MODE OF TRANSPORTATION INCLUDING PER DIEM. THE USUAL MODE OF TRANSPORTATION AS DEFINED IN THE ABOVE QUOTED REGULATIONS BETWEEN THE POINTS TRAVELED IN YOUR CASE WOULD BE BY RAIL. YOU ARE PRESUMED TO HAVE KNOWLEDGE OF SUCH REGULATIONS WHICH ARE BINDING ON YOUR TRAVEL TO THE SAME EXTENT AS THE ORDER DATED OCTOBER 16, 1962.

SINCE YOU WERE REIMBURSED MILEAGE AND PER DIEM NOT TO EXCEED THE COST BY COMMON CARRIER PURSUANT TO THE TERMS OF YOUR TRAVEL ORDER WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF MAY 25, 1964.