Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                       __________________________
 
                             March 5, 1999
                       __________________________
 
 
                            GSBCA 14593-TRAV
 
 
                   In the Matter of MICHAEL J. PALMER
 
 
        Michael J. Palmer, Chesapeake, VA, Claimant.
 
        Judy Hughes, Travel  Policy, Defense Finance and  Accounting
   Service, Columbus, OH, appearing for Department of Defense.
 
   HYATT, Board Judge.
 
        Claimant,  Michael  J.  Palmer,  used  his  privately  owned
   vehicle   for official  local travel  between  the Norfolk  Naval
   Shipyard in Norfolk,  Virginia, and the Norfolk  Naval Base, also
   in Norfolk.    He chose to perform this travel  on the interstate
   highway and claimed  mileage reimbursement for twenty  miles, one
   way.  The  Navy, relying on Joint Travel  Regulation (JTR) C2000,
   reduced  Mr.  Palmer's  claimed  reimbursement  because,  under a
   mileage and cost analysis conducted by the Navy's Internal Review
   department, the  most direct,  commonly traveled  route from  the
   shipyard to the Naval Base is just under thirteen miles, one way.
 
        Mr. Palmer argued that the route he used is in fact normally
   traveled  by  many  commuters  to  the Naval  Base  and  is  more
   expeditious because of the higher  speed limit on the highway and
   the avoidance of delays at the midtown tunnel, which has only one
   lane in  each  direction.   Based  on  these  considerations,  he
   contended that  his route was  not unduly circuitous and  that he
   should be reimbursed for twenty miles rather than for thirteen.
 
        Mr. Palmer's  claim was forwarded to the Defense Finance and
   Accounting Service (DFAS) for a ruling on whether he was entitled
   to  reimbursement  for  the  higher  mileage.    Initially,  DFAS
   determined  that the travel approving official had the discretion
   to limit reimbursement  and rejected Mr. Palmer's position.   The
   claim was then forwarded to the Board.
 
        After further communication between the Board, DFAS, and the
   claimant, DFAS has  concluded that this matter is  subject to JTR
   C4658,  which provides that  when transportation is  by privately
   owned  vehicle, reimbursable  distances will  be  determined from
   odometer  readings "unless there is a substantial and unexplained
   deviation from the Official Table of Distances (OTD)."  Under the
   regulation, an  explanation satisfactory to  the travel approving
   official need  only be provided  when the deviation from  the OTD
   exceeds three percent or ten  miles, whichever is greater.  Since
   the  excess mileage  claimed by  Mr. Palmer  does not  exceed ten
   miles, DFAS now agrees  that his claim should be paid  and has so
   informed the Navy.   Because there is no  longer any disagreement
   between  the  agency  and  the  employee  concerning  the  proper
   disposition  of  this  claim,  there  is   no  need  for  further
   consideration  by  the   Board.    Accordingly,  this   claim  is
   dismissed.
   ____________________________
 
                                           CATHERINE B. HYATT
                                           Board Judge