B-159382, JUL. 20, 1966

B-159382, JUL. 20, 1966

TO BUREAU OF NAVAL WEAPONS FLEET READINESS REPRESENTATIVE, ATLANTIC U.S. NAVAL AIR STATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 19, 1966, WITH ENCLOSURES, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED APRIL 1, 1966, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL PERFORMED FROM NORFOLK, VIRGINIA, TO WEEKSVILLE, NORTH CAROLINA, AND RETURN ON AUGUST 11, 1965, INCIDENT TO ORDERS DATED AUGUST 10, 1965.

THE RECORD SHOWS THAT BY ORDERS DATED AUGUST 10, 1965, BUREAU OF NAVAL WEAPONS FLEET REPRESENTATIVE, ATLANTIC, YOU WERE DIRECTED TO PROCEED FROM NORFOLK, VIRGINIA, TO WEEKSVILLE, NORTH CAROLINA, ON OR ABOUT AUGUST 11, 1965, FOR TEMPORARY ADDITIONAL DUTY CONCERNING CLOSING OUT OF P5 CONTRACT. THE ORDERS AUTHORIZED TRAVEL VIA PRIVATELY OWNED VEHICLE WITH REIMBURSEMENT AT THE RATE OF 7 CENTS PER MILE, SUCH MODE BEING CONSIDERED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. YOU PERFORMED THE ROUND TRIP TRAVEL BETWEEN NORFOLK AND WEEKSVILLE ON AUGUST 11, 1965, AND THE NAVY REGIONAL FINANCE CENTER, NORFOLK, PAID YOU THE SUM OF $7.42 AS MILEAGE FOR THE DISTANCE OF 106 MILES AT 7 CENTS PER MILE.

YOUR CLAIM FOR ADDITIONAL MILEAGE BASED ON A DISTANCE OF 140 MILES WHICH IS THE DISTANCE SHOWN ON YOUR SPEEDOMETER FOR YOUR TRAVEL FROM NORFOLK TO WEEKSVILLE AND RETURN WAS DISALLOWED BY SETTLEMENT DATED APRIL 1, 1966, FOR THE REASON THAT YOU WERE PAID MILEAGE FOR THE OFFICIAL DISTANCE TRAVELED AND THE APPLICABLE LAW AND REGULATIONS REQUIRE THAT THE DISTANCE FOR TRAVEL PERFORMED BETWEEN PERMANENT AND TEMPORARY DUTY STATIONS BE COMPUTED IN ACCORDANCE WITH THE OFFICIAL TABLE OF DISTANCES.

IN YOUR PRESENT LETTER YOU SAY THAT THE TRAVEL YOU PERFORMED ORIGINATED AT NAVAL AIR STATION, NORFOLK, VIRGINIA, PROCEEDED TO HAYES INTERNATIONAL CORPORATION AT WEEKSVILLE, NORTH CAROLINA, AND TERMINATED THE SAME DAY AT NAVAL AIR STATION, NORFOLK, AND THAT THE OFFICIAL TABLE OF DISTANCES SHOULD NOT GOVERN PAYMENT FOR TEMPORARY DUTY TRAVEL OF SUCH NATURE. YOU SAY THAT IT IS AN IMPOSSIBILITY TO PERFORM THE TRAVEL LISTED ABOVE, VIA ROADS, AND TRAVEL ONLY 106 MILES AND SINCE THE TRAVEL WAS PERFORMED BY PRIVATELY OWNED VEHICLE FOR THE CONVENIENCE OF THE GOVERNMENT YOU SHOULD BE ALLOWED MILEAGE BASED ON YOUR SPEEDOMETER READING. FURTHER, YOU SAY THAT THE REASONABILITY OF YOUR INTERPRETATION OF THE JOINT TRAVEL REGULATIONS IS SUPPORTED BY THE FACT THAT CIVIL SERVICE PERSONNEL ARE PAID ON THE BASIS OF SPEEDOMETER READINGS FOR SUCH TRAVEL.

THE PERTINENT STATUTE, 37 U.S.C. 404, APPLIES TO BOTH PERMANENT CHANGE OF STATION AND TEMPORARY DUTY TRAVEL AND PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL AS THEREIN AUTHORIZED. INSOFAR AS HERE PERTINENT THE STATUTE PROVIDES THAT THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED SHALL BE A MONETARY ALLOWANCE IN LIEU OF COST OF TRANSPORTATION AT A RATE NOT IN EXCESS OF 7 CENTS PER MILE BASED ON DISTANCES ESTABLISHED ON THE SHORTEST USUALLY TRAVELED ROUTES, UNDER MILEAGE TABLES PREPARED BY THE CHIEF OF FINANCE OF THE DEPARTMENT OF THE ARMY UNDER THE DIRECTION OF THE SECRETARY OF THE ARMY. PARAGRAPH M4203-3B (2) OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE ABOVE SECTION 404, PROVIDES THAT FOR TRAVEL ACTUALLY PERFORMED BY PRIVATELY OWNED CONVEYANCE UNDER ORDERS AUTHORIZING SUCH MODE OF TRANSPORTATION AS MORE ADVANTAGEOUS TO THE GOVERNMENT, THE MEMBER WILL BE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION AT THE RATE OF $0.07 PER MILE FOR THE OFFICIAL DISTANCE. PARAGRAPH M4155-1 OF THE REGULATIONS PROVIDES THAT OFFICIAL DISTANCES ARE ESTABLISHED UNDER DIRECTION OF THE SECRETARY OF THE ARMY. SUBPARAGRAPH 2 (B) OF PARAGRAPH M4155 PROVIDES THAT THE OFFICIAL HIGHWAY DISTANCE SHALL BE THE "OFFICIAL DISTANCE" FOR TRAVEL WHEN PERFORMED BY PRIVATELY OWNED CONVEYANCE.

THUS THE LAW AND REGULATIONS AUTHORIZE PAYMENT TO MILITARY TRAVELERS OF MILEAGE AT THE RATE OF 7 CENTS PER MILE ONLY FOR THE OFFICIAL DISTANCE BETWEEN THE POINTS OF TRAVEL AS DETERMINED BY THE CHIEF OF FINANCE OF THE DEPARTMENT OF THE ARMY. PRIOR TO TAKING SETTLEMENT ACTION ON YOUR CLAIM OUR CLAIMS DIVISION OBTAINED FROM THE CHIEF OF FINANCE AN OFFICIAL DETERMINATION OF THE DISTANCE FROM THE NAVAL AIR STATION, NORFOLK, TO WEEKSVILLE AND RETURN. THIS DISTANCE WAS DETERMINED TO BE 104 MILES COMPUTED ON THE BASIS OF ZERO MILES FROM THE NAVAL AIR STATION TO NORFOLK, 44 MILES FROM NORFOLK TO ELIZABETH CITY AND EIGHT MILES FROM ELIZABETH CITY TO WEEKSVILLE, OR A TOTAL OF 52 MILES EACH WAY. YOU WERE PAID FOR 106 MILES OF TRAVEL, OR TWO MILES MORE THAN THAT OFFICIALLY DETERMINED DISTANCE. APPARENTLY YOUR SPEEDOMETER READING INCLUDES MILEAGE FOR TRAVEL WITHIN THE CITY OF NORFOLK NOT COVERED BY THE DETERMINATION OF THE CHIEF OF FINANCE. HOWEVER, UNDER THE LAW AND REGULATIONS YOU ARE ENTITLED TO PAYMENT ONLY FOR THE OFFICIAL DISTANCE AS DETERMINED BY THE CHIEF OF FINANCE. THEREFORE THE SETTLEMENT OF APRIL 1, 1966, IS CORRECT AND IS SUSTAINED.

CONCERNING YOUR STATEMENT THAT CIVIL SERVICE PERSONNEL ARE PAID ON THE BASIS OF SPEEDOMETER READINGS, REIMBURSEMENT FOR TRAVEL BY CIVILIAN PERSONNEL IS GOVERNED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH, UNLIKE THE LAW AND REGULATIONS APPLICABLE TO MILITARY TRAVELERS, PROVIDE THAT PAYMENT FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILES SHALL BE BASED ON ,DISTANCES BETWEEN POINTS TRAVELED * * * AS SHOWN IN STANDARD HIGHWAY GUIDES OR BY SPEEDOMETER READINGS.'

CHECK NO. 4037106, DATED SEPTEMBER 1, 1965, FOR $7.42 IS RETURNED TOGETHER WITH YOUR ORIGINAL ORDERS OF AUGUST 10, 1965.