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B-202855 1 (1982-04-05)

handle is hein.gao/gaobadkex0001 and id is 1 raw text is: 1? (9/ DECISION THE OF TIC U N ITE UzEE '! H mu I up wrA'nl ! WASHINGTON, o0.0, 12Ol4m B-202855 DATE: April 5, 1982 MATTER OF: DIGEST: Richard D. Bachmeier - Use of automobile contrary to agency regulation Employee who used privately owned vehicle (POV) in lieu of common carrier was denied retmbursewent for mileage based on local region policy that use of POV was incom- patible with performance of the mission for reasons of energy consecrvation. Em- ployee's claim may be paid because local region policy conflicts with agency regulation stating that energy conserva- tion cannot be sole basis for determining whether use of POV is incompatible with agency mission. The issue in this decision is whether an employee will be reimbursed for mileage for use of his privately owned vehicle (POV), in lieu of common carrier, for tem- porary duty travel where the local region policy, based on energy conservation, precludes reimbursement of POV mileage as incompatible with the performanoe of the mis- sion. We hQld that where the local region .Klicy is in couiflict with agency regulations, the tUlaimPCor mileage must be allowed. This decision is in response to an agency-filed appeal of our Claims Group settlement allowing the claim of Mr. Richard D. Bachmeter for mileage incident to a temporary duty aasignment. Mr. Bachmeiar, an employee of the Defense Logistics Agency (DLA), Defense Contract Administration Services Region (DCAS.5), San Antonio, Texas, was scheduled to attend a conference in Dallas during the period November 27 -. December 7, 1979. His travel order &Ated November 20, 1979, stated that Mr. Bachmeier was author- ized use of his privately owned vehicle (POV) at no cost to the Government, in accordance with employee's request. This limitation stemmed from a DCASR, Dallas Region, memorandum dated August 15, 1979, concerning fuel conservation. The memorandum established a Dallas Region policy that constructive cost travel by POV would HILEi

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