_________________________ November 24, 1997 _________________________ GSBCA 14058-RELO In the Matter of ANDREW PARR Andrew Parr, Norfolk, VA, Claimant. C. J. Jackson, Director, Office of Naval Intelligence, Department of the Navy, Washington, DC, appearing for Department of the Navy. WILLIAMS, Board Judge. At issue in this case is claimant's request for reimbursement of $844.15 associated with his permanent change of station (PCS) move from Pearl Harbor, Hawaii, to Norfolk, Virginia. Specifically, claimant seeks $773.65 for rental car expenses, $50 for baggage handling, and $20.50 for official telephone calls. Because under the governing regulations claimant is not entitled to be reimbursed for local transportation expenses, and because baggage handling is included in the miscellaneous portion of claimant s per diem, those expenditures cannot be recovered. However, the agency may reimburse claimant for his telephone calls if he demonstrates that they were made for official business purposes. Background Claimant, Andrew Parr, an intelligence operations specialist for the Department of the Navy, Office of Naval Intelligence, was transferred from Pearl Harbor, Hawaii, to Norfolk, Virginia, with a reporting date of October 1, 1992. On August 10, 1992, the Navy issued claimant travel orders authorizing reimbursement of PCS expenses including "rental car (1) until POV [privately owned vehicle] arrives in Norfolk, Virginia." The travel orders also authorized shipment of claimant's POV and temporary quarters subsistence expenses (TQSE) for sixty days. Claimant rented a car on September 25, 1992, and returned it one day later in Honolulu. In addition, claimant rented a car in Norfolk while awaiting arrival of his POV from September 27, 1992, until October 21, 1992. Claimant resided in the Marriott Hotel in Norfolk during his TQSE period and incurred parking charges of $8.50 per day. Claimant seeks a total of $773.65 for rental car expenses including gasoline and parking. Claimant also seeks $50 in baggage handling expenses due to the fact that he and his wife were traveling with two small children and were unable to handle their six pieces of luggage. Finally, claimant seeks $20.50 for official telephone calls made from hotels to his employer in Washington, D.C., or in the course of establishing a new office in Norfolk. Specifically, in his travel voucher, claimant requests $6.25 for official calls on September 26 and $14.25 for official calls on October 1. Claimant did not submit hotel bills or other telephone bills indicating the numbers called or the time of day when the calls were placed. Although the agency had approved the rental car in his travel authorization, the agency denied reimbursement when claimant submitted his travel voucher, concluding that the authorization for the rental car in his original orders had been incorrect. The agency reasoned that an employee cannot be reimbursed for the cost of local transportation while in a TQSE status, because no legal entitlement existed, citing Joint Travel Regulation (JTR) C13007, subparagraph 1a, and Appendix D. The agency denied reimbursement of baggage handling fees because they are covered in the employee's per diem under meals and incidental expenses (M&IE). The agency denied reimbursement for the telephone calls because they were not authorized on claimant s travel orders. Discussion Rental Car Reimbursement of relocation expenses of transferred employees is authorized by 5 U.S.C. 5724a (1988). This provision permits the payment of subsistence expenses of the employee and his or her immediate family while occupying temporary quarters. However, the Federal Travel Regulation (FTR) in effect at the time of claimant's relocation, which implements this statutory provision, specifically states that "[e]xpenses of local transportation incurred for any purpose during occupancy of temporary quarters shall not be allowed." 41 CFR 302-5.4(a) (1990).[foot #] 1 The applicable provision of the ----------- FOOTNOTE BEGINS --------- [foot #] 1 This regulation was most recently amended effective March 22, 1997, and revised FTR 302-5.18 provides, in pertinent part: (continued...) ----------- FOOTNOTE ENDS ----------- Department of Defense's JTR, which covers the agency's civilian personnel and applies to claimant, reiterates the prohibition against reimbursing local transportation expenses while an employee is receiving a TQSE allowance. JTR C13007-1a. Both this Board and the Comptroller General have consistently applied the regulation prohibiting reimbursement of rental car expenses during the TQSE period. Brian P. Gariffa, GSBCA 13798-RELO, 97-2 BCA 29,033 ("Once the employee has reported for duty at the new official station and is receiving [TQSE], local transportation may not be authorized for any purpose."); Thomas S. Ward, GSBCA 13825-RELO, 97-1 BCA 28,955; John G. Shirley, B-234861 (July 11, 1989) (reimbursement for rental car disallowed when employee transferred from South Carolina to Hawaii and rented car while awaiting the arrival of his POV, even though his relocation authorization permitted use of a rental vehicle). Applying the regulations and the rationale of these decisions, we conclude that the agency properly denied reimbursement of the rental car expenses. Baggage Handling Fees Claimant also seeks reimbursement of baggage handling fees, but the agency correctly determined that such expenses are included in the meals and incidental expenses claimant received as part of his per diem allowance during the TQSE period. JTR, App. D.[foot #] 2 In addition, JTR C4705.5, Red Cap and Sky Cap Charges, expressly provides that, except when authorized for an employee with a disability, "Red cap and sky cap charges for handling personal baggage at transportation terminals are expenses of travel payable out of per diem allowances and are not items for separate reimbursement." Telephone Calls Finally, the agency determined that claimant is not entitled to reimbursement for charges for telephone calls because they were not authorized on his travel orders. However, the agency did not cite a statutory or regulatory provision supporting its denial on this basis, and we do not believe that the absence of ----------- FOOTNOTE BEGINS --------- [foot #] 1 (...continued) May I be reimbursed for local transportation expenses incurred while I am occupying temporary quarters? Generally not. Local transportation expenses are not TQSE, and there is no authority to pay them as such. . . . [foot #] 2 JTR, Appendix D, Glossary of Terms, in defining "per diem allowance" specifies that fees and tips to porters, baggage carriers, and bellhops are incidental expenses covered by the per diem allowance. ----------- FOOTNOTE ENDS ----------- an express authorization in claimant's travel authorization mandates an outright prohibition against reimbursing an employee for official telephone calls during the TQSE period. The relevant statute, 31 U.S.C. 1348(b), provides: Appropriations of an agency are available to pay charges for a long-distance call if required for official business and the voucher to pay for the call is sworn to by the head of the agency. Appropriations of an executive agency are available only if the head of the agency also certifies that the call is necessary in the interest of the Government. Further, the applicable regulations would permit reimbursement of miscellaneous expenses necessary for official business, and the decisions of this Board and the Comptroller General allow reimbursement so long as a claimant satisfactorily demonstrates that the calls were official. FTR 301-9 permits recovery of miscellaneous expenses incurred by a traveler conducting official business. FTR 301-9.1(e) provides: "Other expenses. Miscellaneous expenditures not enumerated in this section, when necessarily incurred by the traveler in connection with the transaction of official business, shall be allowed when approved." Although this FTR provision does not enumerate telephone expenses, we conclude that this type of expenditure may be approved by the agency if claimant demonstrates that his calls were made to conduct official business. Further, the pertinent JTR in effect in October 1992 provides: 1. OFFICIAL LOCAL CALLS. Charges for local telephone calls on official business will be allowed. The reimbursement voucher will show the number of such calls, rate for each call, total amount expended each day, and bear the statement that the calls were on official business. 2. OFFICIAL LONG-DISTANCE CALLS. Charges for official long-distance telephone calls will be allowed provided they are certified as necessary in the interest of the Government by an approving officer who has been authorized in writing by the head of the Department of Defense component concerned to so certify (31 U.S. Code 1348(b)). The voucher should show the following for each long-distance call made, except that the points in item 1 may be omitted and stated in confidence to the administrative official if of a classified nature: 1. points between which conversation was held, 2. date the call was made, 3. amount paid for each call, 4. statement that the call was on official business. JTR C4707. In Eduardo Soto, GSBCA 13647-RELO, 97-1 BCA 28,948, this Board concluded that an administrative law judge could be reimbursed for two telephone calls made during a househunting trip in conjunction with his transfer, once the judge had established that the calls were made to his chief judge or the office manager during work hours. Similarly, in Harry D. Bickford, B-257317 (June 12, 1995), the Comptroller General allowed reimbursement for local calls while an employee was performing temporary duty, after concluding that the charges were incurred due to official necessity. Accord Diane G. Smith, B-253338 (Nov. 23, 1993) (Long distance charges for data transmission could be reimbursed under 31 U.S.C. 1348(b) once the appropriate agency official certified that the calls were required for official business and necessary in the interest of the Government.); Matter of Reimbursement for Expenses Incurred by Government Officials Using Cellular Telephone in Private Automobiles, B-229406 (Dec. 9, 1988) (Agency head may certify cellular telephone calls from automobile for reimbursement after strictly scrutinizing such calls and insuring they are made only when most economical and practicable for the transaction of government business.). Decision The agency properly denied reimbursement of rental car and baggage handling expenses. The agency may reimburse claimant for telephone calls if claimant proves in accordance with the governing statute and regulations that the claimed calls were made for official business. __________________________ MARY ELLEN COSTER WILLIAMS Board Judge