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B-183225 1 (1975-10-21)

handle is hein.gao/gaobadcud0001 and id is 1 raw text is: 



fECISION





FILE:   B-183225


MATTER OF:      Use of privately owned vehicle after regular
                duty hours - Lieutenant Commander John E.
                Chubb, Jr., USN
DIGEST:   Member who uses a privately owned vehicle when
           called back from his place of lodging to his
           normal duty location to give technical assis-
           tance is not entitled to reimbursement under
           37 U.S.C. 408 (1970) for travel between those
           locations since travel between a member's lodg-
           ings and his normal duty location must be
           performed at personal expense even where it is
           performed before or after normal duty hours or
           results from ordered performance of additional
           duties. The regulatory exception to that rule
           under which a taxi may be used at Govermtent
           expense applies only in unusual situations
           during hours of infrequently scheduled public
           transportation or darkness.

      This action is in response to letter dated October 31, 1974,
 with enclosures, from the Officer in Charge, U.S. Navy Finance
 Office, FPO San Francisco 96630, requesting an advance decision
 concerning the legality of reimbursement for the use of a privately
 owned vehicle (POV) outside regular duty hours. The request was
 forwarded here by endorsement dated February 13, 1975, from the
 Per Diem, Travel and Transportation Allowance Committee and has
 been assigned PDTATAC Control No. 75-5.

      The submission involves Lieutenant Commander John E. Chubb, Jr.,
 USN, who, while stationed on Guam, Mariana Islands, was frequently
 called back to his duty location from his place of lodging to give
 technical assistance. He traveled by POV when called back to duty
 after normal working hours. The member requests that he be reim-
 bursed at the rate of 12 cents a mile for such travel performed
 during the period July 4-August 29, 1974.

      Section 408 of title 37, U.S. Code (1970), provides for
 reimbursing a member of a uniformed service for cost of trans-
 portation necessary in the conduct of official business within
 the limits of his station. Reimbursement for the use of a
 privately owned vehicle incident to such travel is to be at a
 fixed rate a mile as prescribed by regulation.


      STHE COMPTROLLER GENERAL
.7    .OF THE UNITED STATES
         WASHINGTON. D.C. 20548




               DATE: OCT211975 97Fo

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