Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________ September 22, 1998 _______________________ GSBCA 14399-TRAV In the Matter of ROGER B. SHERRY Roger B. Sherry, Tuckerton, NJ, Claimant. Ronald L. Page, Manager, External Relations Branch, Office of Financial Services, Federal Aviation Administration, appearing for the Department of Transportation. HYATT, Board Judge. Claimant, Roger Sherry, an employee of the Federal Aviation Administration (FAA), seeks our review of the agency's disallowance of his claim for $15.50 for reimbursement of travel expenses. Background On July 15, 1997, claimant, on official business, traveled from New Jersey to Washington, DC, returning to New Jersey the same day. His principal mode of travel was via the FAA contracted air shuttle service, which provides round trip transportation service for FAA employees and contractors between the William J. Hughes Technical Center (WJHTC), located adjacent to the Atlantic City International Airport in New Jersey, and Reagan National Airport in Washington, DC. The building where Mr. Sherry works is co-located on the FAA-owned airfield from which the shuttle departed.[foot #] 1 Mr. Sherry's travel orders reflected departure from and return to his residence in Tuckerton, approximately 25 miles from WJHTC, however, and estimated the amount of $15.50 for the use of a privately owned vehicle to travel to the shuttle location. On the day he traveled, claimant drove his personal vehicle directly to the hangar at WJHTC rather than to the building where his ----------- FOOTNOTE BEGINS --------- [foot #] 1 Building 300, where Mr. Sherry's office is located, is about a third of a mile from the hangar in Building 301. ----------- FOOTNOTE ENDS ----------- office is located. Upon his return to WJHTC later in the day, he drove directly to his residence. In reviewing claimant's travel voucher, the FAA determined that, because of the proximity of the office to the hangar, Mr. Sherry was essentially seeking reimbursement for a trip between his home and office. The FAA denied Mr. Sherry's claim for reimbursement of mileage for the round-trip between his residence and WJHTC on the basis that his travel did not require at least one night's lodging. Under the FAA Travel Manual (DOT 1500.6A), round trip mileage between an employee's residence and office is allowable, if it does not exceed taxicab fare plus tip, when the employee is on travel involving at least one night's stay. Since Mr. Sherry did not stay overnight in Washington, the FAA determined that he should not be reimbursed for the mileage. Mr. Sherry disagreed with this approach, arguing that on his travel orders, the official departure and return point for his travel was his residence, not the WJHTC. He did not actually report to his office on the day of the trip, and thus contends that he did not travel to his office or regular place of business, but "only travel[ed] through it." He also states that the travel was outside his regular duty hours,[foot #] 2 and, finally, argues that taxicab fare would have been a permitted expense and the mileage is more advantageous to the Government because it is less costly. Discussion Under both the Federal Travel Regulation (FTR) and the FAA Travel Manual, which implements the FTR,[foot #] 3 taxicab fare may be paid for travel between an employee's home or place of business and the airport, and for the return trip from the airport to the place of business or residence. 41 CFR 301- 2.3(c)(1)(1997); DOT 1500.6A, 3-0106.c. Similarly, both regulations permit reimbursement of taxicab fares between the residence and place of business, but only when the employee departs from the office on an official trip requiring at least ----------- FOOTNOTE BEGINS --------- [foot #] 2 The shuttle departed for Washington, DC at 7:15 a.m. and returned at 5:30 p.m. [foot #] 3 Under legislation effective April 1, 1996, the FAA was exempted from large parts of title 5 of the United States Code, including provisions applicable to reimbursement of travel expenses of employees performing temporary duty assignments. Pub. L. No. 104-50, 347, 109 Stat. 436, 460 (1995). The FAA Personnel Management System, issued March 28, 1996, explains that until September 30, 1997, the FAA will determine benefits such as reimbursement of travel and relocation expenses in accordance with the standards and procedures that were in effect on March 31, 1996. These standards included title 5 of the United States Code, the FTR, and the FAA Travel Manual. See Kathryn M. Vernon, ___ _________________ GSBCA 14622-RELO (Aug. 11, 1998). ----------- FOOTNOTE ENDS ----------- one night's lodging and returns to the office from the trip. 41 CFR 301-2.3(d); DOT 1500.6A, 3-0106.d. As an alternative, if advantageous to the Government, reimbursement of round-trip mileage for use of a privately owned vehicle is permitted under the same circumstances. 41 CFR 301-2.2(d)(3); DOT 1500.6A, 3- 0611b. The issue here is whether the FAA has properly concluded that for all intents and purposes Mr. Sherry was traveling from his residence to his office based on the close proximity of the office to the hangar.[foot #] 4 Mr. Sherry points out that he did not actually visit his office, but rather went directly to the hangar and upon return from the hangar went home. He does not regard the separate building, although co-located on FAA-owned property, to be encompassed within the meaning of place of business. He would limit his "place of business" to the building where his office is physically located. He also points out that the travel orders contemplate reimbursement of his round-trip mileage expenses. We agree with the FAA's conclusion that in these circumstances the regulations do not permit reimbursement of mileage unless an overnight stay is required. Mr. Sherry's position, that he did not travel to his place of business, but instead went directly to the hangar, relies on an unreasonably narrow definition of the term "place of business." The FAA's WJHTC compound consists of multiple buildings, including the hangar, located on FAA-owned property near the Atlantic City airport. The flight, available only to FAA employees and contractors, departed not from the airport, but rather from an airfield on the WJHTC compound. Since the point of departure for the trip was located at the place of business, eligibility for reimbursement of mileage expenses is governed by paragraph 3-0106.d of the FAA Travel Manual. Since an overnight stay was not necessary, Mr. Sherry is not eligible for reimbursement of mileage expenses. This is so notwithstanding the wording of the travel orders. See Hector J. Le Blanc, B-233130 (May 19, 1989). ____________________________ CATHERINE B. HYATT Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 4 Absent statutory or regulatory authority to the contrary, an employee must bear the cost of transportation between his residence and his workplace. James H. Williams, __________________ B-212698 (Jan. 24, 1984); 55 Comp. Gen. 1323 (1976).