B-158433, APR. 13, 1966

B-158433, APR. 13, 1966

TO MR. M. F. COX:

BY LETTER OF MARCH 29, 1966, MR. H. E. SELLERS, ACTING CHIEF, ACCOUNTING PROGRAMS DIVISION, OFFICE OF MANAGEMENT SERVICES, FORWARDED YOUR REQUEST DATED MARCH 11, 1966, FOR OUR DECISION WHETHER A RECLAIM VOUCHER BY MR. JOSEPH P. DEREN FOR $44.16 FOR MILEAGE UPON A CHANGE OF OFFICIAL STATION AS AN EMPLOYEE OF THE FEDERAL AVIATION AGENCY MAY BE CERTIFIED FOR PAYMENT.

MR. DEREN'S TRAVEL ORDER DATED JULY 6, 1965, AUTHORIZED TRAVEL FOR CHANGE OF OFFICIAL STATION BEGINNING ON OR ABOUT AUGUST 15, 1965. THE ORDER AUTHORIZED TRAVEL BY COMMON CARRIER OR PRIVATELY-OWNED AUTOMOBILE AT 12 CENTS PER MILE SUBJECT TO CERTAIN SPECIFIED LIMITATIONS. HE ACTUALLY TRAVELED BY PRIVATELY-OWNED AUTOMOBILE COMMENCING ON AUGUST 30, 1965. MR. DEREN CLAIMS THAT, DUE TO A CHANGE IN THE REGULATIONS WHICH OCCURRED BETWEEN THE DATE OF THE TRAVEL ORDER AND OF THE TRAVEL, HE WAS REIMBURSED AT THE RATE OF 10 CENTS PER MILE INSTEAD OF 12 CENTS PER MILE WHICH RESULTED IN A LOSS TO HIM OF $44.16. HE SAYS HE DID NOT RECEIVE A NOTICE OF THIS CHANGE; THAT IF HE HAD KNOWN THAT THE MILEAGE ALLOWANCE HAD BEEN REDUCED HE WOULD HAVE REVERSED HIS DECISION TO GO TO THE NEW OFFICIAL STATION; AND THAT, THEREFOR, HE IS ENTITLED TO BE REIMBURSED AT THE RATE OF 12 CENTS PER MILE.

PRIOR TO JULY 30, 1965, MILEAGE REIMBURSEMENT UNDER THE APPLICABLE REGULATIONS FOR USE OF A PRIVATELY-OWNED AUTOMOBILE FOR TRAVEL INCIDENT TO A CHANGE OF OFFICIAL STATION WAS MADE AT A RATE PER MILE SUBJECT TO THE LIMITATION THAT THE TOTAL REIMBURSABLE AMOUNT COULD NOT EXCEED THE COMMON CARRIER COMPARATIVE COST OF TRAVEL. MILEAGE REIMBURSEMENT AT A RATE PER MILE WITHOUT THIS LIMITATION ON THE REIMBURSABLE MILEAGE AMOUNT COULD BE MADE ONLY IF THE USE OF THE PRIVATELY-OWNED AUTOMOBILE WAS DETERMINED TO BE ADVANTAGEOUS TO THE GOVERNMENT. ON JULY 30, 1965, SECTION 1.3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, BUREAU OF THE BUDGET CIRCULAR NO. A-7, WAS AMENDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 5, DATED JULY 30, 1965, TO PROVIDE THAT:

"B. USE OF PRIVATELY OWNED AUTOMOBILE ON PERMANENT CHANGE OF STATION TRAVEL.

" (1) WHEN AN EMPLOYEE, WITH OR WITHOUT AN IMMEDIATE FAMILY, WHO IS ELIGIBLE FOR TRAVEL ALLOWANCES UNDER SECTION 1.5, AS AMENDED, ELECTS TO USE A PRIVATELY OWNED AUTOMOBILE FOR PERMANENT CHANGE OF STATION TRAVEL, SUCH USE IS DEEMED TO BE ADVANTAGEOUS TO THE GOVERNMENT.'

SECTION 1.3B SPECIFIES THAT THE MILEAGE RATE SHALL BE 10 CENTS PER MILE WHEN THE OCCUPANTS OF THE AUTOMOBILE CONSIST OF AN EMPLOYEE AND TWO MEMBERS, OR THREE MEMBERS, OF THE IMMEDIATE FAMILY. MR. DEREN'S TRAVEL ORDER DID NOT AUTHORIZE THE USE OF HIS PRIVATELY-OWNED AUTOMOBILE AS BEING ADVANTAGEOUS TO THE GOVERNMENT. THEREFOR, MILEAGE REIMBURSEMENT UNDER THE TRAVEL ORDER WAS LIMITED TO THE COMMON CARRIER COMPARATIVE COST OF TRAVEL. YOU HAVE INFORMED US THAT, ACCORDING TO FARES AND SCHEDULES QUOTED BY THE AGENT OF TRANS WORLD AIRLINES, THE COMMON CARRIER COMPARATIVE COST FOR MR. DEREN AND HIS FAMILY WOULD HAVE BEEN:

TABLE

JET COACH, FAMILY PLAN, HARTFORD TO ALBUQUERQUE $232.95

PER DIEM 1/2 DAY EACH $16.00 8.00

ESTIMATED TAXIS AND LIMOUSINES 10.00

ESTIMATED COSTS OF TRAVEL--- ALBUQUERQUE TO GRANTS 7.60

TOTAL COST BY COMMON CARRIER $258.55

THE AMENDMENT TO THE BUREAU OF THE BUDGET REGULATIONS, ABOVE, REMOVED THIS LIMITATION ON REIMBURSEMENT. REIMBURSEMENT HAS BEEN MADE TO MR. DEREN AS FOLLOWS:

TABLE

MILEAGE 2208 AT 10 CENTS $220.80

PER DIEM 4-3/4 DAYS AT $16.00 76.00

TOLLS 10.05

TOTAL PAID $306.85

THEREFORE, REIMBURSEMENT UNDER THE AMENDED ORDERS IS TO MR. DEREN'S ADVANTAGE SINCE THE AMOUNT PAID HIM AT THE 10-CENT RATE EXCEEDED THE COMMON CARRIER COMPARATIVE COST BY $48.30. CONSEQUENTLY, NO FURTHER AMOUNT IS DUE HIM. THE VOUCHER, WHICH IS RETURNED HEREWITH WITH ATTACHMENTS, MAY NOT BE CERTIFIED FOR PAYMENT.