B-158521, MAR. 30, 1966

B-158521, MAR. 30, 1966

TO AUTHORIZED CERTIFYING OFFICER, FEDERAL AVIATION AGENCY:

THIS REFERS TO YOUR LETTER OF JANUARY 26, 1966, AND ENCLOSURES, REFERENCE SW-24, TRANSMITTED TO US ON FEBRUARY 10, 1966, BY THE ABOVE OFFICE, REFERENCE MS-430, FOR OUR DECISION WHETHER THE ENCLOSED TRAVEL RECLAIM VOUCHER FOR $55, COVERING EXPENSES INCURRED BY MR. ORVILLE G. STEBNER INCIDENT TO THE CHANGE OF HIS STATION FROM PHOENIX, ARIZONA, TO ALBUQUERQUE, NEW MEXICO, MAY BE CERTIFIED FOR PAYMENT.

THE MODES OF TRANSPORTATION AUTHORIZED IN HIS TRAVEL ORDER WERE "COMMON CARRIER (EXCEPT EXTRA FARE)" OR "PRIVATELY-OWNED AUTOMOBILE AT 12 CENTS * PER MILE" SUBJECT TO THE SPECIAL PROVISIONS IN ITEM 17, IN PERTINENT PART, AS FOLLOWS:

"* CLAIM FOR MILEAGE IN ACCORDANCE WITH SW EX P 1500.1B, CHAPTER 5, SECTION 2. TRANSPORTATION OF DEPENDENTS BY PRIVATELY-OWNED AUTOMOBILE IS AUTHORIZED WHETHER THEY TRAVEL WITH YOU OR SEPARATELY FROM YOU. WHEN TRAVEL IS PERFORMED IN TWO AUTOMOBILES ON APPROXIMATELY THE SAME DATE BY YOU AND YOUR DEPENDENTS, MILEAGE MAY BE CLAIMED FOR ONLY ONE AUTOMOBILE. WHEN DEPENDENTS TRAVEL ON A DIFFERENT DATE FROM EMPLOYEE'S TRAVEL, CLAIM 12 CENTS PER MILE FOR EACH CAR NOT TO EXCEED COMPARABLE COST BY COMMON CARRIER FOR ALL PERSONS AUTHORIZED TO TRAVEL. * * *"

THE RECORD SHOWS THAT AT 7 A.M., JULY 20, 1964, THE EMPLOYEE AND HIS WIFE DEPARTED FROM PHOENIX BY PRIVATELY-OWNED AUTOMOBILE. THEIR CHILDREN LEFT PHOENIX BY AIR AT 7:15 A.M. THE SAME DAY. THE EMPLOYEE SAYS THAT THE CHILDREN TRAVELED BY AIR BECAUSE THEY BECOME CARSICK.

THE AMOUNT OF $55, REPRESENTING THE AIRLINE COACH FARES ($25 EACH FOR HIS TWO CHILDREN) PLUS $5 TAX, WAS ADMINISTRATIVELY DEDUCTED ON HIS PRIOR VOUCHER DATED APRIL 9, 1965. ON THAT VOUCHER, AMONG OTHER ITEMS, AN AMOUNT OF $62.48, REPRESENTING MILEAGE PLUS PER DIEM FOR THE ACTUAL TRAVEL BY MR. STEBNER AND HIS WIFE, WAS ALLOWED ON A CONSTRUCTIVE COST BASIS AS THOUGH HE AND HIS THREE DEPENDENTS HAD TRAVELED TOGETHER IN HIS PRIVATELY- OWNED AUTOMOBILE. THAT ACTION APPARENTLY WAS BASED UPON THE VIEW THAT, SINCE BOTH AUTOMOBILE AND AIR TRANSPORTATION WERE USED WITH DEPARTURES AT APPROXIMATELY THE SAME HOUR ON THE SAME DAY, ANY INCREASE OF COST RESULTING FROM SUCH USE OF BOTH MODES WOULD BE UNJUSTIFIED TRAVEL. THE RECORD INDICATES THE FULL AMOUNT OF THE TRAVEL ADVANCE HAS BEEN RECOVERED.

THE TRAVEL AUTHORIZATION, HOWEVER, PERMITTED THE USE OF COMMON CARRIER OR A PRIVATELY-OWNED AUTOMOBILE FOR THE TRAVEL OF THE EMPLOYEE AND HIS FAMILY ON JULY 20, 1964. THEREFORE, HE IS ENTITLED, UNDER THE RELATED FACTS, TO REIMBURSEMENT OF THE COST BY EITHER MODE. THE COST BY AIR FOR THE ENTIRE FAMILY BY THE TRANS-WORLD AIRLINES JET TOURIST FLIGHT ACTUALLY USED BY THE CHILDREN WOULD HAVE BEEN $83, REPRESENTING JET COACH FARES FOR TWO ADULTS AT $25 EACH PLUS TWO HALF-FARES AT $12.50 EACH FOR THE CHILDREN (9 AND 11 YEARS OF AGE) PLUS $8 FOR TAXIS. REIMBURSEMENT WAS ALLOWED ON THE ORIGINAL VOUCHER FOR AUTOMOBILE TRAVEL OF $62.48; HOWEVER, $55 WAS DEDUCTED COVERING THE COST OF THE TRANSPORTATION REQUESTS FOR AIR FARE OF THE CHILDREN, $50 PLUS $5 TAX. THUS, THERE IS DUE THE EMPLOYEE THE SUM OF $20.52, THE DIFFERENCE BETWEEN THE ABOVE $83 AND THE $62.48 PAID ON A MILEAGE BASIS, PLUS REFUND OF THE $5 TAX DEDUCTED ON HIS ORIGINAL VOUCHER OF APRIL 9, 1965.

THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $25.52, IF OTHERWISE PROPER.