Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________________________________ July 7, 2000 _______________________________________________ GSBCA 15308-RELO In the Matter of EARL KAY KINTER Earl Kay Kinter, Sykesville, MD, Claimant. Michael C. Gidos, Comptroller, National Security Agency, Fort George G. Meade, MD, appearing for National Security Agency. BORWICK, Board Judge. Claimant, Earl Kay Kinter, an employee of the National Security Agency (NSA or agency), claims mileage for two privately owned vehicles (POV) he and his wife drove in connection with his permanent change of station (PCS) from Omaha, Nebraska to Fort Meade, Maryland. The agency authorized claimant to use a POV for his move and authorized claimant's spouse to use a POV for her delayed move. Claimant, who owned three automobiles, in January 1999 towed the first automobile to his new permanent duty station (PDS). Claimant returned to Omaha in June 1999 at his own expense and, with his wife driving the second car, followed in his third car back to the new PDS. Claimant seeks mileage for two of the three cars he transported. The agency denied mileage for the towed car. The agency granted claimant's reimbursement request for his wife's mileage in the second car, but denied his reimbursement request for mileage on the third car during his second trip. We sustain the decision of the agency. Claimant is not entitled to mileage reimbursement for the towed car because it was not used for his transportation during his authorized travel to the new PDS. Claimant is not entitled to mileage reimbursement for driving the third car on his second trip because the mileage reimbursement is payable for the travel of an authorized individual, not for the transport of an automobile. Claimant's authorized travel took place in January 1999, when he towed his first car, not in June 1999, when he drove his third car. The facts as indicated by the record are as follows. The agency transferred claimant from Omaha, Nebraska to Fort Meade, Maryland. The agency authorized claimant a self-move, with reimbursement of the self move to be based on actual expenses not to exceed the constructive cost of the authorized Government Bill of Lading. Claimant's travel authorization permitted claimant to travel by POV at a mileage rate of $0.15 per mile. The authorization also provided that "dependent authorized delayed travel and to drive 2nd POV at a rate of $0.15." Claimant's duty reporting date was January 11, 1999. Claimant owns three automobiles. On or about January 5, claimant rented a truck to transport his possessions and a car carrier to tow one of the automobiles. The rental cost for the car carrier was $201. Claimant asked the agency to reimburse him mileage for the towed car to defray the cost of the car carrier. The agency refused to pay for the car carrier or to reimburse claimant the mileage for the towed car; instead the agency reimbursed claimant for the truck rental and gas for the truck as part of his self-help moving entitlement. The agency also paid per diem. In early June 1999, claimant, using leave, flew to Omaha at his own expense to accompany his wife on her delayed PCS travel. He drove one of the remaining cars and his wife drove the second. On July 12, 1999, the agency issued an amended travel authorization which provided: "Authorize delayed departure of dependent. Dependent Joyce Kinter to travel O/A 990604. POV mileage authorized for one way PCS travel from Omaha NE to Baltimore/Washington D.C. area at rate of $0.15 per mile." Having been refused mileage for the first car claimant towed from Omaha in January, he requested mileage for the two cars he and his wife drove from Omaha in June. The agency refused to pay mileage for the two vehicles: NSA maintains that use of the rental truck on the first cross-country trip constitutes the first POV authorization and the use of one of the two personal vehicles for the second cross-country trip constitutes the second POV authorization. Reimbursement of mileage on both personal vehicles, driven on the second trip, would represent a third, and unauthorized reimbursement and is therefore not permitted. Under the JTR, the use of a privately owned conveyance (POC) may be authorized or approved for employees or others rendering service to the Government when engaged on official business. JTR C2150 (Nov. 1, 1998). Except as provided elsewhere, the use of a POC shall be authorized "only when its use is advantageous to the Government." JTR C2151 (Nov. 1, 1998). The JTR deems that use of a privately owned automobile for PCS travel is advantageous to the Government, JTR C2151-C.1, with the applicable mileage set forth in the JTR appendix A. Id. The JTR also provides that use of more than one privately owned automobile within the same household as advantageous to the Government "in connection with permanent duty travel" may be authorized if, among other conditions, an employee must report to a new PDS in advance of travel by members of the family who delay travel for acceptable reasons such as completion of the school term, sale of property, etc. JTR C2157 (Jan. 1, 1999). When use of more than one privately owned automobile is authorized, the prescribed mileage and car ferry fees apply for each privately owned automobile. Id. In this matter, the agency properly denied claimant mileage reimbursement for the car claimant towed during his initial move. In order to be entitled to mileage for use of a privately owned automobile, the employee must operate or ride in the vehicle to his or her new station. Thomas R. Stover, B-224092 (Mar. 23, 1987) (citing Huai Su, B-215701 (Dec. 3, 1984)); Gary E. Pike, B209727 (July 12, 1983). The agency also acted correctly in denying claimant mileage for his second drive when he accompanied his wife from Omaha. The mileage allowance is payable for travel of an authorized individual and not for the transportation of his or her automobile. Robin S. Vora, B-239872 (Sept. 25, 1990); Thomas R. Stover. Claimant's authorized travel occurred in January 1999, when, pursuant to his travel authorization, he moved from Omaha to the Washington/Baltimore area, choosing to tow his car. __________________________ ANTHONY S. BORWICK Board Judge