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B-210523 1 (1983-10-04)

handle is hein.gao/gaobadljd0001 and id is 1 raw text is: 
                            THE COMPTROLLER GENERAL         aLla
   ORCIBION                 DIN THE UNITED       1TATES
                         '9 WASHINGTON, 0.C. 20548




   FILE:  B-210523               DATE: October 4, 1983

   MATTER OF: Dominic D. D'Abate - Privately
                 Owned Automobile

   DIGEST:

        Travel orders of Navy civilian employee
        limited reimbursement for first duty sta-
        tion travel by privately owned automobile
        (POA) to the constructive cost of commer-
        cial air. Both the Federal Travel
        Regulations (FTR) and 2 Joint Travel
        Regulations (2 JTR), however, state that
        use of POA for such travel is advantageous
        to the Government. Where the applicable
        regulations prescribe payment the claim
        must be allowed, regardless of the wording
        of the travel orders. See FTR 2-2.3a;
        2 JTR C2151(3).

     The issue in this decision is whether reimbursement to
a Navy civilian employee for first duty station travel by
privately owned automooile (POA) is limited to the cost of
travel by common carrier. We hold that, regardless of the
wording of the travel orders, where the applicable regula-
tions prescribe that this travel by POA is advantageous to
the Government, the employee must be reimbursed on that
basis.

     This decision is in response to an appeal filed
by Mr. Dominic D. D'Abate, of our Claims Group settlement
disallowing his claim. Mr. D'Abate, an engineer, was
recruited from the University of Puerto Rico, San Juan,
Puerto Rico, to fill a manpower shortage position with the
Naval Ship Weapon Systems Engineering Station (NSWSES), Port
Hueneme, California. Apparently, the Navy recruiter told
Mr. D'Abate that his moving expenses would be reimbursed in
full. His travel orders, dated August 6, 1980, stated that
he was authorized to take a commercial airline flight from
San Juan to Jacksonville, Florida, and then to use his POA
to travel from Jacksonville to Port Hueneme. The block in
his travel orders which ordinarily signifies whether the use
of a car is or is not advantageous to the Government was not
checked. The travel order did, however, state as follows:
n[Travel] cost NTE [not to exceed] airfare from San Juan to
Port Hueneme.


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