The use of government-owned vehicles for the comfort or health and welfare of personnel in deployed or remote locations

Army Lawyer, April, 2007 by Thomas H. Dobbs

In another example of a novel use of a GOV, an installation commander wanted to authorize Air Force Reserve IMAs to use GOVs for travel to/from temporary quarters while performing inactive duty training (IDT). (67) The commander was of the opinion that he could not authorize such a use unless the IMAs were considered to be in TDY status. In response to the commander's query on this issue, the office of the AFJTAG opined that an IMA is not in TDY status, but that the ultimate issue did not rest solely upon the duty status of the IMA. "Instead, this determination must be made on a case-by-case basis after an examination of the relevant facts and circumstances ... [and] an IMA's duty status is just one of many factors to consider." (68) The AFT JAG reasoned that, "based on the specific circumstances of a particular IDT, use of a GOV may be authorized for IMAs, notwithstanding the fact they are not in a TDY status." (69) The opinion further reasoned that the IMA's use of the GOV to travel to temporary quarters did not violate the prohibition against using a GOV to travel from one's residence to their place of employment, "because these temporary quarters are not the type of 'residence' contemplated by the statute." (70)

Our discussion now shifts to the use of GOVs for recreational life support. As can be anticipated, the necessity for a well-reasoned official use determination by the commander is just as critical, if not more so, in the context of transportation to recreational activities.

C. Recreational Life Support

In order for government employees to be able to use GOVs for recreational life support activities pursuant to 41 C.F.R. [section] 301-10.201, the proposed activity must qualify as an official use. To do that, the isolated nature of the remote or temporary location must combine with a sufficient lack of available recreational resources. In addition, there must be adequate in place to ensure accountability. (71) At a minimum, these controls require that the appropriate level supervisor determine that the proposed recreational use rises to the level of an official use. Most practitioners will not need to begin their field analysis, however, with 41 C.F.R. [section] 301-10.201. Their first step will be to examine the implementing guidance provided in the DOD motor vehicle regulation.

1. Department of Defense Reg. 4500 36-R: Authorized MWR

Department of Defense Reg. 4500.36-R (72) implements the provisions of 41 C.F.R. [section] 301-10.201, but reshapes the limitations on GOT recreational transport in a way that reflects the military's emphasis on unit morale. Similar to subparagraph (c) of 41 C.F.R. [section] 301-10.201, DOD Reg. 4500.36-R expressly authorizes a member on temporary duty to use a GOT "between places of business, lodging, eating establishments, places of worship, and similar places required for the comfort or health and welfare of the member." (73) Unlike the FAA in Federal Aviation Administration, however, the drafters of DOD Reg. 4500.36-R were careful not to use the term, "recreation," in describing activities that are suitable for GOT support. (74) Instead, DOD Reg. 4500.36-R uses the broad terms "welfare" and "Military Community Activities" to describe recreation-like activities. (75) Paragraph C2.5.5 states that "[t]ransportation support of groups may be provided for authorized activities such as installation-sponsored athletic teams, Military Community Activities, (76) and Chaplain's programs when the installation commander determines that failure to provide such service would have an adverse effect on morale" (77) [hereinafter the "Morale Requirement"]. In other words, while DOD Reg. 4500.36-R does not authorize the use of GOVs for purely recreational purposes, GOT transport for recreational uses is permissible for deployed personnel when done within the context of commander-authorized Military Community Activities. (78) But not just any Military Community Activities activity will fit within the exception. Only in those situations where the installation commander determines that "failure to provide such service would have an adverse effect on morale," i.e., the Morale Requirement, may a non-reimbursable GOT be used for MWR. (79)