B-166349, APR. 2, 1969

B-166349, APR. 2, 1969

TO LIEUTENANT COLONEL W. B. ANDRESEN:

WE REFER TO YOUR LETTER OF MARCH 5, 1969, YOUR REFERENCE SELFA-FA DAZ, CONCERNING THE CLAIM OF MR. ABRAHAM GOLDEN, AN EMPLOYEE OF THE UNITED STATES ARMY ELECTRONICS COMMAND, FOR AN ADDITIONAL PAYMENT INCIDENT TO THE TEMPORARY DUTY TRAVEL HE PERFORMED IN JULY AND AUGUST 1967.

MR. GOLDEN WHOSE OFFICIAL STATION WAS FORT MONMOUTH, NEW JERSEY, WAS AUTHORIZED TO TRAVEL ON TEMPORARY DUTY TO DUGWAY, UTAH, CLOUDCROFT, NEW MEXICO, AND COLLEGE STATION, TEXAS. HE WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED VEHICLE WITH REIMBURSEMENT AT THE RATE OF 10 CENTS PER MILE LIMITED TO THE COST OF TRAVEL BY THE USUAL MODE OF TRANSPORTATION, I.E., COMMON CARRIER, AND WAS AUTHORIZED TO TAKE SEVERAL DAYS OF ANNUAL LEAVE EN ROUTE.

MR. GOLDEN COMPUTED THE CONSTRUCTIVE COST OF THE TRAVEL INVOLVED AS $993.01, WHEREAS YOUR AGENCY COMPUTED THE CONSTRUCTIVE COST AS $755.21 AND PAID HIM ON THAT BASIS. IN BOTH CASES THE COSTS FOR TRAVEL BY PRIVATELY OWNED VEHICLE AT THE AUTHORIZED 10 CENTS PER MILE RATE PLUS PER DIEM APPLICABLE TO THAT MODE OF TRAVEL WERE WELL IN EXCESS OF THE CONSTRUCTIVE COSTS. THE DIFFERENCE BETWEEN THE AMOUNT CLAIMED AND THE AMOUNT ALLOWED APPEARS TO HAVE RESULTED FROM MR. GOLDEN'S USE OF PROPELLER AIRCRAFT EXCLUSIVELY IN COMPUTING THE COST OF AIR TRAVEL, THE AGENCY COMPUTATION BEING BASED ON JET TOURIST ACCOMMODATIONS WHERE POSSIBLE, AND FROM MR. GOLDEN'S CLAIM THAT LARGER COSTS WOULD HAVE BEEN INCURRED IN TRAVEL TO AND FROM COMMON CARRIER TERMINALS. UNDER PARAGRAPH C6152-2 OF VOLUME 2 OF THE JOINT TRAVEL REGULATIONS, THE AGENCY USE OF JET TOURIST FARE WHERE AVAILABLE IN ARRIVING AT THE COMPARATIVE COST LIMITATION WAS CORRECT. FURTHER, PARAGRAPH C6152-4 OF VOLUME 2 AUTHORIZED INCLUSION IN COMPARATIVE COST FIGURES THE "USUAL TRANSPORTATION COSTS TO AND FROM COMMON CARRIER TERMINALS.' USE OF TAXI AND BUS TRANSPORTATION FROM MIDDLETOWN, NEW JERSEY, TO THE NEWARK, NEW JERSEY AIRPORT RATHER THAN TAXI AND AIR TAXI APPEARS TO HAVE BEEN APPROPRIATE UNDER THAT REGULATION. ALSO USE OF RENTAL AUTOMOBILE INSTEAD OF TAXI BETWEEN SALT LAKE CITY, UTAH, AND DUGWAY, UTAH, SEEMS TO HAVE BEEN APPROPRIATE.

REGARDING COMPUTATION OF CONSTRUCTIVE PER DIEM IN THIS CASE, WE HAVE HELD THAT THE REQUIREMENT THAT OFFICIAL TRAVEL BE SCHEDULED DURING AN EMPLOYEE'S REGULARLY SCHEDULED WORKWEEK WHENEVER PRACTICABLE DOES NOT AUTHORIZE PAYMENT OF ADDITIONAL PER DIEM TO AN EMPLOYEE WHO DELAYS HIS TRAVEL OVER A WEEKEND FOR PERSONAL REASONS. 46 COMP. GEN. 425.

WE HAVE REVIEWED THE COMPUTATION OF CONSTRUCTIVE COSTS AS MADE BY THE AGENCY AND FIND THEM TO BE GENERALLY IN KEEPING WITH THE RULES APPLICABLE TO PAYMENTS OF THIS TYPE. WE DID FIND THAT THE APPLICABLE AIR FARE FROM ALAMAGORDO, NEW MEXICO, TO COLLEGE STATION, TEXAS, WAS $66.10 NOT $56 AS USED IN THE COMPUTATION AND THAT AIR FARE FROM COLLEGE STATION TO NEWARK, NEW JERSEY, WAS $102.70 NOT $103. WE NOTE ALSO THAT THE EMPLOYEE'S CLAIM FOR CONSTRUCTIVE TAXI FARE AT COLLEGE STATION FROM CARRIER TERMINAL TO DUTY STATION AND RETURN -- $3.50 -- WAS NOT INCLUDED IN THE FINAL AGENCY COMPUTATION. TO THE EXTENT THAT THE TAXI FARES USED IN THE AGENCY COMPUTATION DID NOT INCLUDE THE 15 PERCENT TIP AUTHORIZED BY SECTION 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED APRIL 7, 1967, AN ADDITIONAL AMOUNT IN LIEU OF TIPS SHOULD BE PAID MR. GOLDEN.

FOR THE REASONS STATED AN ADDITIONAL PAYMENT TO MR. GOLDEN FOR HIGHER AIR FARE ($10.10 LESS 30 CENTS EQUALS $9.80), TAXI FARE AT COLLEGE STATION AND TIPS FOR TAXI SERVICE USED IN THE COMPUTATION MAY BE AUTHORIZED. THE FILE FORWARDED WITH YOUR LETTER IS RETURNED.