B-138651, AUG. 13, 1959

B-138651, AUG. 13, 1959

TO MR. ROBERT B. SELIG:

ON JULY 2, 1959, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF MARCH 18, 1959, DISALLOWING YOUR CLAIM FOR ADDITIONAL MILEAGE IN CONNECTION WITH YOUR TEMPORARY DUTY TRAVEL FROM YOUR RESIDENCE AT NEW BEDFORD, MASSACHUSETTS, TO YOUR TEMPORARY DUTY STATION AT HUDSON, MASSACHUSETTS.

YOU TRAVELED BY PRIVATELY OWNED AUTOMOBILE BETWEEN NEW BEDFORD AND HUDSON WITHOUT STOPPING AT YOUR HEADQUARTERS IN BOSTON,MASSACHUSETTS, ON FREQUENT OCCASIONS BETWEEN JANUARY 2, 1958, AND MAY 6, 1958, UNDER TEMPORARY DUTY ORDERS AUTHORIZING THIS TRAVEL ON A DAILY OR INTERMITTENT BASIS WITH MILEAGE AT ?08 PER MILE "FROM RESIDENCE TO TDY STATION.' UPON SUBMISSION OF A TRAVEL VOUCHER YOU WERE ADMINISTRATIVELY ALLOWED MILEAGE BETWEEN BOSTON AND HUDSON, A DISTANCE OF 30 MILES RATHER THAN BETWEEN NEW BEDFORD AND HUDSON, A DISTANCE OF APPROXIMATELY 84 MILES. YOU THEN SUBMITTED A CLAIM IN THE AMOUNT OF $622.08 TO THIS OFFICE FOR THE DIFFERENCE BETWEEN THE MILEAGE CLAIMED AND THAT ALLOWED FOR A TOTAL OF 72 ROUND TRIPS. OUR DISALLOWANCE WAS BASED ON ARMY DEPARTMENT, CIVILIAN PERSONNEL REGULATIONS T3.1-1 AND T3.3-4D, DATED MARCH 20, 1957. YOU APPEAL THIS SETTLEMENT NOTWITHSTANDING THE EXACT WORDING OF THOSE REGULATIONS WHICH, IN PROVIDING FOR THE SITUATION HERE IN QUESTION, LIMIT REIMBURSEMENT TO MILEAGE BETWEEN HEADQUARTERS AND TEMPORARY DUTY STATION. AS A BASIS FOR THIS APPEAL YOU USE A COMBINATION OF TWO REGULATIONS, FIRST, CIVILIAN PERSONNEL REGULATION T3.2-5, DATED MARCH 20, 1957, WHICH DEFINES LOCAL TRAVEL IN SUCH A WAY THAT IT WOULD BE POSSIBLE TO HOLD THAT THE TRAVEL YOU PERFORMED WAS LOCAL TRAVEL, AND SECOND, AR 55-32 WHICH AUTHORIZES REIMBURSEMENT FOR LOCAL TRAVEL ?08 PER MILE, BASED ON SPEEDOMETER READING.

PARAGRAPHS 1 AND 8 OF AR 55-34 ARE AS FOLLOWS:

"1. PURPOSE. THESE REGULATIONS PRESCRIBE THE POLICIES AND PROCEDURES WHEREBY MILITARY OR CIVILIAN PERSONNEL OF THE ARMY ESTABLISHMENT MAY BE AUTHORIZED PAYMENT OR REIMBURSEMENT OF EXPENSES FOR THE PERFORMANCE OF LOCAL TRAVEL (AS OPPOSED TO TDY DIRECTED TRAVEL) NECESSARY IN CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN AND AROUND THEIR DESIGNATED DUTY STATIONS.

"8. TDY OR PCS TRAVEL. THESE REGULATIONS ARE IN NO WAY APPLICABLE TO THE USE OF COMMERCIAL TAXICABS, BUSES, STREETCARS, TRAINS, AND PRIVATELY OWNED VEHICLES, OR FOR FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS IN CONNECTION WITH PCS AND/OR TDY TRAVEL.'

SINCE YOUR TRAVEL WAS PERFORMED PURSUANT TO TEMPORARY DUTY ORDERS, REIMBURSEMENT UNDER AR 55-34 WOULD SEEM TO BE PRECLUDED.

FURTHERMORE, IT IS A SETTLED PRINCIPLE IN THE INTERPRETATION OF REGULATIONS THAT A SPECIFIED PROVISION WILL PREVAIL OVER A MORE GENERAL PROVISION. SINCE CPR T3.3-4D REGULATES THE SITUATION UNDER WHICH YOUR CLAIM ARISES IT MUST BE APPLIED RATHER THAN THE MORE GENERAL PROVISION OF THE REGULATIONS YOU CITE.