[Reimbursement for Use of Noncertificated Air Carrier]

A decision was requested concerning a Defense Logistics Agency (DLA) employee's claim for reimbursement of airfare for travel by foreign air carrier from New York City to Hamburg, Germany. The employee had to make his own travel arrangements because military transportation was unavailable. The employee stated that he was not informed of any restrictions on reimbursement for travel on foreign air carriers. Since his travel agency was unable to get him a reservation on a certificated air carrier, the employee traveled on a foreign air carrier. A portion of the cost of travel was reimbursed, and the employee sought reimbursement for the full amount. DLA recommended that reimbursement for the full fare should be allowed unless the claimant's allegation that a U.S. air carrier was unavailable could be challenged. GAO has held that a certificate by the traveler stating that his use of a foreign carrier was necessary because U.S. air carrier service was unavailable is not sufficient to authorize reimbursement for the cost of the flight. GAO found that U.S. air carrier service was available for the transoceanic portion of the employee's travel. GAO has held that an employee is personally liable for noncompliance with the Fly America Act, and he may not be relieved from this liability because of ignorance of the law or because others made travel arrangements for him. Accordingly, the employee's claim was denied. GAO stated that the employee's liability for improper travel by a noncertificated air carrier should be recomputed, and the amount which was improperly paid to the employee should be recovered.