Christine G. Davis-Reconsideration

B-254837.2 Jan 16, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights An employee was authorized travel for herself and her two young children to her new duty station by her privately owned vehicle at the rate applicable to an employee and two dependents. She is entitled to be reimbursed on a constructive basis at 4 cents per mile (the difference between the single rate and the rate she would have received if the dependents had accompanied her initially) for the trip transporting her children to her new duty station. Is modified. Only a claim for travel expenses is at issue here. [1] Incident to her transfer. Who is an employee of the Food Safety and Inspection Service. Which is about 33 miles southeast of her old duty station at Cassville. Which is near her old duty station. View Decision Matter of: Christine G. Davis-Reconsideration File: B-254837.2 Date: January 16, 1996 An employee was authorized travel for herself and her two young children to her new duty station by her privately owned vehicle at the rate applicable to an employee and two dependents, 19 cents per mile. She made an initial trip to the new duty station alone and a week later made a second trip to bring her two children to her new duty station. The employee's entitlement became fixed upon the initial travel to and reporting for duty at the new station, for which she may be reimbursed mileage at the rate applicable to an employee traveling alone, 15 cents per mile. The employee may not be reimbursed for herself for any subsequent trips to her old duty station after reporting for duty at her new station. However, she is entitled to be reimbursed on a constructive basis at 4 cents per mile (the difference between the single rate and the rate she would have received if the dependents had accompanied her initially) for the trip transporting her children to her new duty station. The total reimbursement for both trips may not exceed the cost of one trip at 19 cents per mile from the old to the new station. Christine G. Davis, B-254837, May 27, 1994, is modified. DECISION The Department of Agriculture requests reconsideration of our decision, Christine G. Davis, B-254837, May 27, 1994, which involved several claims incident to Ms. Davis's transfer from Cassville, Missouri, to Heavener, Oklahoma. Only a claim for travel expenses is at issue here. [1] Incident to her transfer, Ms. Davis, who is an employee of the Food Safety and Inspection Service, Department of Agriculture, received travel orders authorizing the use of her privately owned vehicle (POV) for her and her two children's travel to her new duty station. The travel order stated, "Mileage for use of privately-owned automobile for transportation of employee and members of his (sic) immediate family, as follows: .19 cents per mile when three travel." On May 26, 1992, Ms. Davis traveled alone from her residence near Berryville, Arkansas, which is about 33 miles southeast of her old duty station at Cassville, to her new duty station, a distance of about 190 miles. (The record does not include the exact mileage.) A week later, she traveled to Eureka Springs, Arkansas, which is near her old duty station, to pick up her two children (aged about 4 years and 7 months, respectively) and transport them to her new duty station. [2] Ms. Davis did not submit a travel claim for her initial trip to her new duty station, but did claim mileage for the second trip at the prescribed rate for an employee traveling with two family members, 19 cents per mile. See Federal Travel Regulation (FTR) 41 C.F.R. Sec. 302-2.3(b) (1994). In our initial decision, we allowed reimbursement for the second trip, noting that the Federal Travel Regulation does not specify that the only trip the employee may use for personal relocation travel must be the one-way trip made to report for duty at the new station. Christine G. Davis, supra, at 3. The agency, however, questions whether that holding is consistent with our decision in George W. Lacey III, 64 Comp.Gen. 801 (1985), and decisions cited therein. The agency notes that those decisions hold that when the employee reports to and enters on duty at the new duty station, the change of station is accomplished, his or her travel expenses reimbursement becomes fixed, and reimbursement on the basis of subsequent trips between the old and new stations is not authorized. OPINION The travel and transportation benefits available to federal employees transferred in the interest of the government are authorized by 5 U.S.C. Sec. 5724 (1988), and the FTR at 41 C.F.R. Part 302-2 (1994). These provisions authorize agencies to reimburse employees for the expense of their travel and for that of members of their immediate families in reporting to a new duty station by such means as may be authorized. The allowable costs may not exceed the costs of travel by the usually traveled route from the old station to the new station by the mode of travel authorized. FTR Sec.