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B-227534.4 1 (1990-11-05)

handle is hein.gao/gaobadnvb0001 and id is 1 raw text is: 1. A r-% -%


,Comptroler General
           of the United States
           Waadton, D.C. 20648

           Decision





           Matter of: Frayne W. Lehmann

           File:       B-227534.4

           Date:       November 5, 1990


           DECISION

           Mr. Frayne W. Lehmann, a former employee of the Navy, seeks
           reconsideration of our prior decision sustaining disallowance
           of his claim for reimbursement for expenses incurred in
           shipping his privately owned vehicle (POV) to Pearl Harbor,
           Hawaii, incident to a permanent change of station. That
           disallowance was based on the fact that Mr. Lehmann's travel
           orders specifically stated that no overseas shipment of a POV
           was authorized, based on the discretionary authority vested
           in the authorized official by the provisions of 5 U.S.C.
           § 5727(b) (2) and the applicable regulations.1/ As explained
           below, Mr. Lehman's arguments do not provide a basis for
           allowance of his claim.

           Mr. Lehmann asserts that the Navy had in fact approved
           shipment of his POV as being in the best interest of the
           government, contrary to our statement in our earlier decision
           that the Navy had not done so. In support of this assertion
           Mr. Lehmann points to a Navy message dated August 9, 1985,
           wherein it is stated that the Navy will reimburse Mr. Lehmann
           for per diem and mileage expense of driving POV to port in
           accord with Volume 2 of the Joint Travel Regulations (JTR),
           paragraphs C4250 and C4300. Further, Mr. Lehmann notes that
           his travel orders dated August 15, 1985, also provided in
           section 7 Mode of Transportation for the use of a POV as
           advantageous to the government. However, what Mr. Lehmann did
           not note is that section 15 of his travel orders specifically
           stated that no overseas shipment of a POV was authorized.
           Likewise, the priority message dated July 23, 1985, sent by
           the Navy to Mr. Lehmann's prior duty station, specifically
           requested that he be advised that shipment of his POV was not
           authorized.

           We note that two separate and distinct travel allowances are
           involved and that no inconsistency exists when an employee is


           1/ Frayne W. Lehmann, B-227534.3, Feb. 21, 1990.



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