B-219085, APR 23, 1986, OFFICE OF GENERAL COUNSEL

B-219085, APR 23, 1986, OFFICE OF GENERAL COUNSEL

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - BETWEEN RESIDENCE AND TEMPORARY DUTY STATION - DISTANCE BETWEEN RESIDENCE AND HEADQUARTERS DIGEST: THE EMPLOYING AGENCY HAS DISCRETIONARY AUTHORITY, CONSISTENT WITH ITS OWN REGULATIONS, TO RESTRICT MILEAGE SO AS TO EXCLUDE FROM PAYABLE MILEAGE THE ROUND-TRIP DISTANCE BETWEEN THE EMPLOYEE'S RESIDENCE AND PERMANENT DUTY STATION WHEN THE EMPLOYEE REPORTS TO A TEMPORARY DUTY POINT IN THE VICINITY OF THE PERMANENT DUTY STATION. SUCH MILEAGE RESTRICTION MAY APPLY TO CALL-BACK OVERTIME AND TO OTHER THAN REGULARLY SCHEDULED WORKDAYS.

MR. GAIL DURAND:

204 CHATHAM DRIVE

LINDENWOLD, NEW JERSEY 08021

BY LETTER OF JUNE 3, 1985, YOU REQUESTED THE COMPTROLLER GENERAL TO DECIDE WHETHER YOUR EMPLOYING AGENCY, THE IMMIGRATION AND NATURALIZATION SERVICE, HAS AUTHORITY TO DEDUCT FROM MILEAGE ALLOWANCE THE DISTANCE BETWEEN THE EMPLOYEE'S RESIDENCE AND OFFICIAL STATION FOR MORE THAN ONE TRIP EACH DAY AND ON DAYS OTHER THAN SCHEDULED WORKDAYS.

THE MILEAGE IS DEDUCTED FOR EACH CALL-BACK OVERTIME TRIP EVEN THOUGH THE EMPLOYEE HAS REPORTED FOR NORMAL WORKING HOURS AND THERE IS A BREAK BETWEEN THE NORMAL WORKING HOURS AND THE OVERTIME, WHICH YOU DESCRIBE AS "NOT CONTIGUOUS TO THE SCHEDULED WORKDAY." THE REGULATIONS OR GUIDELINES ATTACHED TO YOUR LETTER COVER EMPLOYEES PERFORMING INSPECTIONS AND WERE ISSUED BY THE DISTRICT DIRECTOR, PHILADELPHIA, PENNSYLVANIA, ON MAY 19, 1980. A MEMORANDUM TO YOU OF JULY 14, 1980, FROM THE ACTING DISTRICT DIRECTOR IS ALSO ATTACHED. IT ADVISES YOU THAT A MILEAGE CLAIM YOU HAD SUBMITTED FOR USE OF YOUR PRIVATELY-OWNED VEHICLE WAS RETURNED UNAPPROVED BECAUSE IT FAILED TO COMPLY WITH PARAGRAPH 4 AND 5 OF THE REGULATIONS.

OUR UNDERSTANDING IS THAT PARAGRAPH 4 AND 5 ALLOW AN EMPLOYEE PERFORMING INSPECTIONS MILEAGE PAYMENT AT THE PRESCRIBED RATE FOR USE OF A PRIVATELY- OWNED VEHICLE DRIVEN TO THE INSPECTION POINT. BUT FROM THE TOTAL TRIP MILEAGE THERE MUST BE DEDUCTED THE ROUND-TRIP MILEAGE BETWEEN THE EMPLOYEE'S RESIDENCE AND ASSIGNED PERMANENT DUTY STATION, WHICH IS THE DISTRICT OFFICE FOR SOME EMPLOYEES AND A LOCAL AIRPORT FOR OTHERS. OTHER WORDS, PAYABLE MILEAGE EXCLUDES THE COMMUTING DISTANCE THE EMPLOYEE WOULD HAVE DRIVEN IF HE OR SHE HAD REPORTED TO THE PERMANENT DUTY STATION, RATHER THAN THE INSPECTION POINT, AND RETURNED HOME.

ALTHOUGH A DECISION OF THE COMPTROLLER GENERAL IS NOT BEING ISSUED PURSUANT TO YOUR REQUEST, THE FOLLOWING INFORMATION CONCERNING DECISIONS OF THE COMPTROLLER GENERAL, COPIES OF WHICH ARE ENCLOSED, APPEARS TO ANSWER YOUR QUESTION.

IN RICHARD F. BOLLINGER AND ADAM E. MUCKENFUSS, B-189061, MARCH 15, 1978, EMPLOYEES WHO TRAVELED TO AND FROM WORK ON NONREGULAR WORKDAYS OR FOR CALL -BACK OVERTIME DUTY WERE REQUIRED TO BEAR THE EXPENSE OF TRAVEL BETWEEN THEIR RESIDENCE AND OFFICIAL STATION. THAT DECISION SET OUT THE RULE THAT IT IS A PROPER EXERCISE OF ADMINISTRATIVE DISCRETION OF THE EMPLOYING AGENCY TO ISSUE REGULATIONS IMPOSING RESTRICTIONS ON THE MILEAGE ALLOWANCE PAYABLE TO ITS EMPLOYEES WHO ARE ASSIGNED TO TEMPORARY DUTY LOCATIONS WITHIN A REASONABLE COMMUTING AREA OF THEIR HEADQUARTERS. NOTE THAT THE EMPLOYEES, WHOSE WORK REQUIREMENTS SEEM TO BE SIMILAR TO YOURS, CLAIMED MILEAGE FOR CALL-BACK OVERTIME AND REPORTING TO INSPECTION STATIONS ON NONREGULAR WORKDAYS AND THAT THE DECISION DENIED THE CLAIM.

WE ALSO ENCLOSE A COPY OF TALMADGE M. GAILEY, B-220110, DECEMBER 17, 1985, 65 COMP.GEN. ***, INVOLVING THE DEPARTMENT OF DEFENSE REGULATION REQUIRING PAYMENT OF MILEAGE FOR THE ENTIRE DISTANCE TO A TEMPORARY ("ALTERNATE") DUTY POINT WHEN TRAVEL BEGINS AT THE EMPLOYEE'S RESIDENCE AND THE EMPLOYEE DOES NOT FIRST TRAVEL TO HIS OR HER PERMANENT DUTY STATION ("REGULAR PLACE OF WORK"). APPLIED IN THE BOLLINGER AND MUCKENFUSS CASE ARE APPLIED, BUT THE EMPLOYEE WAS ENTITLED TO MILEAGE FOR TRIPS DIRECTLY BETWEEN RESIDENCE AND TEMPORARY ("ALTERNATE") DUTY STATION WITHOUT DEDUCTION BECAUSE OF THE MANDATORY PROVISION OF THE APPLICABLE REGULATIONS.

CONCERNING YOUR SITUATION, THERE HAS NOT BEEN BROUGHT TO OUR ATTENTION ANY AGENCY REGULATION WHICH WOULD SUPERSEDE THE DISTRICT DIRECTOR'S DISCRETION TO IMPOSE THE MILEAGE RESTRICTION IN PARAGRAPHS 4 AND 5 OF THE MAY 19, 1980 MEMORANDUM. AS PERMITTED IN BOLLINGER AND MUCKENFUSS THE RESTRICTIONS MAY ALSO BE APPLIED WHEN THE EMPLOYEE REPORTS TO AN INSPECTION POINT FOR CALL-BACK OVERTIME OR FOR OVERTIME DUTY ON DAYS OTHER THAN SCHEDULED WORKDAYS.

IF YOU DESIRE TO FILE A CLAIM FOR SPECIFIC AMOUNTS OF MONEY YOU BELIEVE ARE DUE YOU, YOU MAY DO SO BY ADDRESSING A LETTER TO OUR CLAIMS GROUP, GENERAL GOVERNMENT DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, 441 G STREET N.W., WASHINGTON, D.C. 20548. WE SUGGEST THAT ANY CLAIM BE SUBMITTED THROUGH YOUR EMPLOYING AGENCY.

WE TRUST THAT THE ABOVE INFORMATION WILL BE OF ASSISTANCE TO YOU AND REGRET THE DELAY IN RESPONDING.