B-166150, MAR. 14, 1969

B-166150, MAR. 14, 1969

TO MRS. ROSE M. SPERLING:

THIS REFERS TO YOUR LETTER OF FEBRUARY 5, 1969, BY WHICH YOU FORWARDED FOR OUR DECISION THE RECLAIM VOUCHER OF MR. CARLTON F. WALLMARK, AN EMPLOYEE OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE, COVERING REIMBURSEMENT OF MILEAGE IN THE AMOUNT OF $24.30 FOR THE USE OF A SECOND CAR INCIDENT TO A PERMANENT TRANSFER OF STATION.

BY TRAVEL AUTHORIZATION DATED OCTOBER 4, 1968, MR. WALLMARK WAS AUTHORIZED TO TRAVEL FROM ST. LOUIS, MISSOURI, TO KANSAS CITY, MISSOURI. THE MODE OF TRAVEL AUTHORIZED WAS BY PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS. THE RECORD SHOWS THAT MRS. WALLMARK MADE THE TRIP IN A RAMBLER WITH FOUR CHILDREN ON OCTOBER 13, 1968. MR. WALLMARK MADE THE TRIP BY VOLKSWAGEN THE FOLLOWING DAY ON OCTOBER 14, 1968, AND STATED THE SECOND AUTOMOBILE WAS NEEDED BECAUSE ALL THE LUGGAGE AND THE FAMILY WOULD NOT FIT IN ONE CAR. HE ALSO SAYS IT WAS NECESSARY FOR HIS SPOUSE TO TAKE THE CHILDREN TO KANSAS CITY TO ENROLL IN SCHOOL ON MONDAY OCTOBER 14; THAT IT WAS NECESSARY FOR HIM TO STAY WITH THE FURNITURE TRUCK AND LEAVE THE APARTMENT IN CLEAN CONDITION; AND THAT HE WAS INSTRUCTED BY THE REGIONAL DIRECTOR TO MOVE ON THE 14TH, NOT OVER THE WEEKEND. MR. WALLMARK HAS BEEN REIMBURSED AT THE RATE OF 12 CENTS A MILE FOR A DISTANCE OF 270 MILES, $32.40, FOR THE USE OF THE FIRST AUTOMOBILE.

CONCERNING REIMBURSEMENT FOR THE USE OF A SECOND AUTOMOBILE, SECTIONS 2.3B AND C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES AS FOLLOWS:

"B. USE OF NO MORE THAN ONE PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED UNDER THIS SUBSECTION AS BEING ADVANTAGEOUS TO THE GOVERNMENT IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL EXCEPT UNDER THE FOLLOWING SPECIAL CIRCUMSTANCES, WHEN USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE MAY BE AUTHORIZED:

"/1) IF THERE ARE MORE MEMBERS OF THE IMMEDIATE FAMILY THAN REASONABLY CAN BE TRANSPORTED, TOGETHER WITH LUGGAGE, IN ONE VEHICLE,

"/2) IF BECAUSE OF AGE OR PHYSICAL CONDITION SPECIAL ACCOMMODATIONS ARE NECESSARY IN TRANSPORTING A MEMBER OF THE IMMEDIATE FAMILY IN ONE VEHICLE, AND A SECOND AUTOMOBILE IS REQUIRED FOR TRAVEL OF OTHER MEMBERS OF THE IMMEDIATE FAMILY,

"/3) IF AN EMPLOYEE MUST REPORT TO A NEW OFFICIAL STATION IN ADVANCE OF TRAVEL BY MEMBERS OF THE IMMEDIATE FAMILY WHO DELAY TRAVEL FOR ACCEPTABLE REASONS, SUCH AS COMPLETION OF SCHOOL TERM; SALE OF PROPERTY; SETTLEMENT OF PERSONAL BUSINESS AFFAIRS; DISPOSAL OR SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS; AND TEMPORARY UNAVAILABILITY OF ADEQUATE HOUSING AT THE NEW OFFICIAL STATIONS,

"/4) IF A MEMBER OF IMMEDIATE FAMILY PERFORMS UNACCOMPANIED TRAVEL BETWEEN AUTHORIZED POINTS OTHER THAN THOSE FOR THE EMPLOYEE'S TRAVEL.

"C. IN THOSE INSTANCES WHERE MORE THAN ONE AUTOMOBILE IS AUTHORIZED UNDER SUBSECTION 2.3B, THE ALLOWANCES UNDER SUBSECTIONS 2.3A (1) AND (2) APPLY FOR EACH AUTOMOBILE AND THE OCCUPANTS REOF.'

OUR OPINION IS THAT THE BASIS GIVEN BY THE EMPLOYEE FOR USE OF THE SECOND AUTOMOBILE REASONABLY MAY BE HELD TO SATISFY THE CONDITION SET FORTH IN SUBSECTION 2.3B (1) QUOTED ABOVE, AND MIGHT BE CONSIDERED ALSO AS WITHIN SUBSECTION 2.3B (3). IN THE CIRCUMSTANCES WE WOULD NOT OBJECT TO THE REIMBURSEMENT OF MILEAGE FOR THE USE OF THE SECOND AUTOMOBILE IF ADMINISTRATIVELY APPROVED.

IT IS NOTED THAT MR. WALLMARK IS CLAIMING REIMBURSEMENT OF 9 CENTS PER MILE FOR THE USE OF THE SECOND AUTOMOBILE. SECTION 2.3A (1) OF CIRCULAR NO. A-56 AUTHORIZES REIMBURSEMENT OF 6 CENTS PER MILE WHEN THE EMPLOYEE IS THE ONLY OCCUPANT OF THE AUTOMOBILE.

ACTION ON THE VOUCHER RETURNED HEREWITH SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.

YOU ASK WHETHER THE USE OF TWO CARS CAN BE AUTHORIZED OR APPROVED UNDER SUBSECTION 2.3B, ABOVE, WHERE EITHER ONE OR BOTH OF THE CARS ARE REFERRED TO AS ECONOMY OR COMPACT AND THE EMPLOYEE INVOLVED IS MARRIED AND HAS THREE (3) OR MORE CHILDREN. IN REPLY THERETO, YOU ARE INFORMED THAT YOUR QUESTION INVOLVES VARIOUS SITUATIONS NOT PRESENTED BY THE VOUCHER SUBMITTED HERE AND A CATEGORICAL ANSWER THERETO WOULD NOT BE APPROPRIATE. GENERALLY, HOWEVER, WE INVITE YOUR ATTENTION TO 38 COMP. GEN. 542.