B-82930, APRIL 19, 1949, 28 COMP. GEN. 586

B-82930, APRIL 19, 1949, 28 COMP. GEN. 586

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - DEPENDENTS - TRAVEL SEPARATE AND APART FROM EMPLOYEE WHERE CHANGE OF STATION ORDERS AUTHORIZED REIMBURSEMENT OF THE TRANSPORTATION EXPENSES OF A TRANSFERRED EMPLOYEE'S IMMEDIATE FAMILY BUT DID NOT AUTHORIZE TRAVEL BY PRIVATELY OWNED AUTOMOBILE SEPARATE AND APART FROM THE EMPLOYEE, SUCH GENERAL TRAVEL AUTHORIZATION MAY NOT BE DEEMED SUFFICIENT UNDER SECTION 1 OF THE ACT OF AUGUST 2, 1946, AND SECTIONS 3 AND 4 OF EXECUTIVE ORDER NO. 9805, ISSUED THEREUNDER, TO AUTHORIZE THE ALLOWANCE OF MILEAGE FOR THE TRAVEL OF EMPLOYEE'S WIFE BY PRIVATELY OWNED AUTOMOBILE SEPARATE AND APART FROM THE EMPLOYEE; HOWEVER, REIMBURSEMENT MAY BE MADE UPON AN ACTUAL EXPENSE BASIS PURSUANT TO PARAGRAPH 12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

COMPTROLLER GENERAL WARREN TO J.E. SATER, DEPARTMENT OF THE INTERIOR, APRIL 19, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED NOVEMBER 4, 1948, FORWARDED HERE BY LETTER DATED JANUARY 14, 1949, REFERENCE 375, FROM THE FINANCE DIVISION, BUREAU OF RECLAMATION, TRANSMITTING A TRAVEL VOUCHER IN FAVOR OF RICHARD W. VAUGHAN, AN EMPLOYEE OF THE BUREAU OF RECLAMATION. THE VOUCHER IS STATED IN THE AMOUNT OF $58.84, FOR CERTAIN TRANSPORTATION EXPENSES, AND YOU REQUEST A DECISION AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, YOU ARE AUTHORIZED TO CERTIFY THE VOUCHER FOR PAYMENT.

TRAVEL ORDER 551, MARCH 19, 1948, INSTRUCTED THE EMPLOYEE TO PROCEED FROM MCALLEN, TEXAS, TO DENVER, COLORADO. PARAGRAPH (B) AUTHORIZED REIMBURSEMENT FOR ACTUAL AND NECESSARY TRANSPORTATION FOR RAILROAD, CAB, ETC., FARES, INCLUDING NECESSARY SLEEPING AND PARLOR CAR ACCOMMODATIONS, AND SPECIFICALLY AUTHORIZED PAYMENT OF THE EXPENSE OF TRAVEL AND TRANSPORTATION OF THE EMPLOYEE'S IMMEDIATE FAMILY IN ACCORDANCE WITH EXECUTIVE ORDER NO. 9805. PARAGRAPH (C) AUTHORIZED REIMBURSEMENT ON A MILEAGE BASIS AT THE RATE OF 5 CENTS PER MILE FOR THE USE BY THE EMPLOYEE OF A PRIVATELY OWNED AUTOMOBILE NOT TO EXCEED THE COST OF TRAVEL BY COMMON CARRIER BY THE MOST DIRECT AND USUALLY TRAVELED ROUTE. THE EMPLOYEE TRAVELED TO HIS NEW STATION BY TRAIN ON MARCH 22, 1948, AND HAS BEEN REIMBURSED FOR THE EXPENSES INCIDENT THERETO. THE EMPLOYEE'S WIFE SUBSEQUENTLY TRAVELED TO THE NEW STATION BY AUTOMOBILE.

THE VOUCHER REPRESENTS A CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION EXPENSES OF THE EMPLOYEE'S WIFE IN TRAVELING BY PRIVATELY OWNED AUTOMOBILE SEPARATE AND APART FROM THE EMPLOYEE IN CONNECTION WITH THE TRANSFER OF HIS OFFICIAL HEADQUARTERS FROM MCALLEN, TEXAS, TO DENVER, COLORADO. REIMBURSEMENT IS CLAIMED IN THE AMOUNT WHICH WOULD HAVE BEEN INCURRED HAD MRS. VAUGHAN TRAVELED BY COMMON CARRIER, SUCH AMOUNT BEING LESS THAN THE AMOUNT RESULTING FROM A COMMUTATION OF SUCH EXPENSE UPON A MILEAGE BASIS AT THE RATE OF 5 CENTS PER MILE FOR THE DISTANCE INVOLVED. THE VOUCHER LISTS THE ACTUAL EXPENSES AS $19.08 FOR GASOLINE AND OIL, AND $61.77 FOR GENERAL AUTOMOBILE REPAIRS, MEALS, AND HOTEL ROOMS. NO RECEIPTS WERE FURNISHED AS THE EMPLOYEE WAS ADVISED THAT REIMBURSEMENT WOULD BE UPON A MILEAGE BASIS.

YOU STATE THAT YOUR DOUBT IN THE MATTER ARISES BY REASON OF THE HOLDING IN 25 COMP. GEN. 325, AND THE DECISION OF SEPTEMBER 19, 1947, B 68126, TO THE EFFECT THAT REIMBURSEMENT COULD NOT BE MADE UPON A MILEAGE BASIS FOR TRAVEL BY AUTOMOBILE BY AN EMPLOYEE'S FAMILY WHEN NOT ACCOMPANIED BY THE EMPLOYEE HIMSELF.

BOTH OF THE REFERRED-TO DECISIONS INVOLVE SITUATIONS ARISING PRIOR TO THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806, AT WHICH TIME THERE WAS NO AUTHORITY TO PAY MILEAGE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE FOR TRAVEL BY THE FAMILY SEPARATE AND APART FROM THE EMPLOYEE. SECTION 1 OF THE ACT OF AUGUST 2, 1946, AND SECTIONS 3 AND 4 OF EXECUTIVE ORDER 9805, NOVEMBER 25, 1946, ISSUED THEREUNDER, AUTHORIZE THE PAYMENT OF MILEAGE FOR TRAVEL OF AN EMPLOYEE'S DEPENDENTS BY PRIVATELY OWNED AUTOMOBILE SEPARATE AND APART FROM THE EMPLOYEE INCIDENT TO AN EMPLOYEE'S CHANGE OF STATION, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHEN AUTHORIZED IN THE ORDER DIRECTING THE TRAVEL, PROVIDED THE COST TO THE GOVERNMENT DOES NOT EXCEED THE COST OF TRANSPORTATION BY THE MOST ECONOMICAL ROUTE BETWEEN THE LAST OFFICIAL STATION AND THE NEW OFFICIAL STATION. SEE B 72850, FEBRUARY 20, 1948, AND GENERAL REGULATIONS 88--- REVISED, SUPPLEMENT 2, PARAGRAPH 2, 26 COMP. GEN. 969.

THE TRAVEL ORDER AUTHORIZED THE EMPLOYEE TO USE A PRIVATELY OWNED AUTOMOBILE UPON A MILEAGE BASIS, BUT IT DID NOT AUTHORIZE THAT MODE OF TRANSPORTATION FOR THE FAMILY SEPARATE AND APART FROM THE EMPLOYEE. RATHER, THE TRAVEL ORDER MERELY AUTHORIZED TRANSPORTATION EXPENSES OF THE IMMEDIATE FAMILY. SUCH A GENERAL AUTHORIZATION FOR TRAVEL OF THE FAMILY IS NOT SUFFICIENT FOR THE ALLOWANCE OF MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE FOR TRAVEL OF THE DEPENDENTS OF AN EMPLOYEE. B-67997, AUGUST 20, 1947.

SINCE THE PAYMENT OF MILEAGE WAS NOT AUTHORIZED FOR THE TRAVEL OF THE EMPLOYEE'S WIFE BY PRIVATELY OWNED AUTOMOBILE AND SINCE THE TRANSPORTATION INVOLVED WAS SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE TRAVEL MUST BE CONSIDERED AS HAVING BEEN PERFORMED UPON AN ACTUAL EXPENSE BASIS UNDER THE PROVISIONS OF THE FIRST PART OF PARAGRAPH 12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE ONLY EXPENSE SHOWN TO HAVE BEEN INCURRED FOR THE TRAVEL FOR WHICH REIMBURSEMENT IS AUTHORIZED UNDER PARAGRAPH 12 IS THE EXPENSE FOR GASOLINE AND OIL IN THE AMOUNT OF $19.08. WHILE NO RECEIPTS HAVE BEEN FURNISHED IN SUPPORT OF SUCH EXPENDITURES AS REQUIRED BY PARAGRAPH 80 (H) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IN VIEW OF YOUR EXPLANATION RELATIVE THERETO, THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $19.08.