Skip to main content

B-156833, JUN. 23, 1965

B-156833 Jun 23, 1965
Jump To:
Skip to Highlights

Highlights

THE RECORD SHOWS THAT TRAVEL AUTHORIZATION WAS ISSUED ON MARCH 11. THE MODE OF TRAVEL WAS SHOWN TO BE BY PRIVATELY-OWNED VEHICLE AT 10 CENTS PER MILE WITH REIMBURSEMENT NOT TO EXCEED THE CONSTRUCTIVE COST TO THE GOVERNMENT BY THE USUAL MEANS OF TRANSPORTATION. THE TRAVEL WAS COMPLETED AND MR. ADMINISTRATIVE ALLOWANCE WAS MADE IN THE AMOUNT OF $209. THE COMPARATIVE COST PROVIDED FOR IN HIS TRAVEL ORDERS AND THE DIFFERENCE OF $52 WAS ADMINISTRATIVELY DENIED. AFTER THE TRAVEL WAS PERFORMED. ADAMS CONTENDED THAT THE ORIGINAL TRAVEL AUTHORIZATION WAS IN ERROR IN THAT IT SHOULD HAVE PROVIDED FOR THE USE OF HIS PRIVATELY-OWNED VEHICLE AS BEING ADVANTAGEOUS TO THE GOVERNMENT THUS PERMITTING REIMBURSEMENT TO HIM IN THE FULL AMOUNT CLAIMED.

View Decision

B-156833, JUN. 23, 1965

TO MR. JOHN H. GREVE, FISCAL OFFICER, DEFENSE LOGISTICS SERVICES CENTER:

YOUR LETTER OF MAY 18, 1965, SUBMITS A RECLAIM VOUCHER FOR $52 FROM ALEXANDER ADAMS, CHIEF, OFFICE OF DATA SYSTEMS, OPERATIONS DIVISION, OF YOUR AGENCY AND ASKS WHETHER IT CAN BE CERTIFIED FOR PAYMENT.

THE RECORD SHOWS THAT TRAVEL AUTHORIZATION WAS ISSUED ON MARCH 11, 1965, FOR MR. ADAMS TO PROCEED FROM BATTLE CREEK, MICHIGAN, TO CAMERON STATION, VIRGINIA; CHERRY HILL, NEW JERSEY; PHILADELPHIA, PENNSYLVANIA; AND RETURN. THE MODE OF TRAVEL WAS SHOWN TO BE BY PRIVATELY-OWNED VEHICLE AT 10 CENTS PER MILE WITH REIMBURSEMENT NOT TO EXCEED THE CONSTRUCTIVE COST TO THE GOVERNMENT BY THE USUAL MEANS OF TRANSPORTATION. THE TRAVEL WAS COMPLETED AND MR. ADAMS SUBMITTED HIS VOUCHER FOR $261. ADMINISTRATIVE ALLOWANCE WAS MADE IN THE AMOUNT OF $209, THE COMPARATIVE COST PROVIDED FOR IN HIS TRAVEL ORDERS AND THE DIFFERENCE OF $52 WAS ADMINISTRATIVELY DENIED.

ON APRIL 7, 1965, AFTER THE TRAVEL WAS PERFORMED, MR. ADAMS CONTENDED THAT THE ORIGINAL TRAVEL AUTHORIZATION WAS IN ERROR IN THAT IT SHOULD HAVE PROVIDED FOR THE USE OF HIS PRIVATELY-OWNED VEHICLE AS BEING ADVANTAGEOUS TO THE GOVERNMENT THUS PERMITTING REIMBURSEMENT TO HIM IN THE FULL AMOUNT CLAIMED, $261. AS A RESULT THEREOF, THE ADMINISTRATIVE OFFICE ON APRIL 13, 1965, UNDER THE PROVISION OF CPR T3.2-1D, AMENDED THE ORIGINAL TRAVEL AUTHORIZATION TO RETROACTIVELY CORRECT THE ERROR AS CONTENDED BY THE CLAIMANT. HOWEVER, UPON SUBMISSION OF THE RECLAIM VOUCHER TO THE FINANCE AND ACCOUNTING OFFICER FOR PAYMENT, AFTER THE AMENDMENT, IT WAS RETURNED WITHOUT PAYMENT UNDER THE OFFICER'S INTERPRETATION OF THE PROVISIONS OF CPR T3.2-1D.

CPR T3.2-1D READS, IN PERTINENT PART, AS FOLLOWS:

"TRAVEL ORDERS MAY BE AMENDED AFTER TRAVEL IS PERFORMED OR DURING THE PERIOD OF TRAVEL WHERE NECESSARY TO RECOGNIZE SOME ASPECT OF TRAVEL WHICH WAS NOT KNOWN IN ADVANCE, INCLUDE PERTINENT DATA OMITTED FROM THE ORIGINAL ORDER, CORRECT ERRONEOUS INFORMATION, OR CORRECT CLERICAL ERRORS. AMENDMENTS WILL NOT BE ISSUED WITH RETROACTIVE EFFECT TO CHANGE ALLOWANCES PRESCRIBED IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED. * * *"

IT IS WELL ESTABLISHED THAT LEGAL RIGHTS AND LIABILITIES IN REGARD TO TRAVEL ALLOWANCES REST AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS AND THAT SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUTES OR REGULATIONS UNLESS AN ERROR IS APPARENT ON THE FACE OF THE ORDERS AND ALL FACTS AND CIRCUMSTANCES CLEARLY DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED HAS BEEN OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING THE ORDERS. 23 COMP. GEN. 713; 24 ID. 439; B-130911, APRIL 9, 1957; B-151769, JULY 18, 1963. IT IS APPARENT FROM THE LANGUAGE OF THE REGULATION QUOTED ABOVE THAT IT WAS INTENDED TO CARRY OUT THAT WELL-ESTABLISHED RULE.

WE HAVE CAREFULLY CONSIDERED THE FACTS AND CIRCUMSTANCES HERE INVOLVED AND OUR VIEW IS THAT NO BASIS EXISTED UNDER THE ABOVE-QUOTED REGULATION AND OUR DECISIONS FOR RETROACTIVELY AMENDING THE ORIGINAL TRAVEL AUTHORIZATION--- WHICH WAS NOT AMBIGUOUS OR INCOMPLETE OR OTHERWISE SHOWS ERROR--- TO INCREASE THE TRAVEL ALLOWANCES ADMINISTRATIVELY AUTHORIZED THEREBY. THEREFORE, SINCE MR. ADAMS HAS BEEN REIMBURSED IN FULL FOR THE TRAVEL AS AUTHORIZED BY HIS ORIGINAL TRAVEL ORDERS NO BASIS EXISTS FOR PAYMENT OF THE ADDITIONAL AMOUNT CLAIMED. THE RECLAIM VOUCHER HAS BEEN RETAINED HERE.

GAO Contacts

Office of Public Affairs