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B-232352 1 (1989-03-07)

handle is hein.gao/gaobadnkc0001 and id is 1 raw text is: 

          The Comptroller General
i of te United States

         Waddapgse D.C. 20548

         Decision



         Matterof-  Major J. P. Donato

         File:      B-232352

         Date:     March 7, 1989

         DIGEST

         Direct payment may be made to car rental company on behalf
         of military member who rented the car where the car was
         damaged by another member operating it recklessly, and for
         personal business, but the government also should collect
         any amounts it pays the company from the member who caused
         the damage.

         DECISION

         This advance decision responds to a series of questions
         concerning the liability for damages to a car properly
         rented from Avis by Marine Corps Major J. P. Donato, where
         the damages occurred while the car was being driven by
         another Marine on other than official business.l/ We
         conclude that the government properly may pay Avis directly
         for the damage, but then should pursue reimbursement for the
         payment from the driver.

         Major Donato and five other Marines were ordered to perform
         temporary additional duty travel. As the senior officer,
         Major Donato received verbal authorization, later confirmed
         by a modification to his original orders, to rent a car
         during the temporary additional duty period.

         Major Domato rented a car on August 30, 1987, and, in doing
         s44wtined-the Collision Damage Waiver contained in the
         r*ntal agreement. Under the agreement, then, the government
         wq*,tp:    for any damage to the car in view of the


         Later that evening, Major Donato left the car keys with two
         enlisted men so that they could leave the hotel for dinner.
         Shortly after midnight, a second officer traveling with the


         1/The Per Diem, Travel and Transportation Allowance
         Committee has assigned PDTATC Control No. 88-11 to this case


/
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