B-198167 L/M, FEB 12, 1981

B-198167 L/M, FEB 12, 1981

PRECIS-UNAVAILABLE

ROBERT T. MATSUI, HOUSE OF REPRESENTATIVES:

BY LETTER OF JANUARY 4, 1980, YOU REQUESTED TO KNOW OUR DETERMINATION OF THE CLAIM OF MR. JOHN L. JONES, A CIVILIAN EMPLOYEE AT MCCLELLAN AIR FORCE BASE, CALIFORNIA. WE HAVE INFORMED OUR CLAIMS DIVISION THAT MR. JONES IS ENTITLED TO TEMPORARY DUTY TRAVEL EXPENSES FOR RETURN TO HIS PERMANENT DUTY STATION FROM WRIGHT-PATTERSON AIR FORCE BASE, OHIO. THE CLAIMS DIVISION WILL ADVISE THE AIR FORCE TO MAKE PAYMENT AS SOON AS POSSIBLE.

ASSOCIATE DIRECTOR AFMD - CLAIMS GROUP (ROOM 5858)

CLAIM OF MR. JOHN L. JONES (Z-2811542) - TERMINATION OF TEMPORARY DUTY, B-198167-O.M.

THE ISSUE IN THIS CASE IS WHETHER MR. JOHN L. JONES, A CIVILIAN EMPLOYEE OF THE AIR FORCE, SHOULD FORFEIT TRAVEL EXPENSES FOR ABANDONING HIS TEMPORARY TRAINING ASSIGNMENT AND RETURNING TO HIS PERMANENT DUTY STATION.

MR. JONES, PERMANENTLY ASSIGNED TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, ATTENDED A SCHOOL AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO, WHERE HE TOOK A COURSE IN LOGISTICS MANAGEMENT SCHEDULED FOR OCTOBER 25 TO NOVEMBER 18, 1977. MR. JONES REPEATEDLY COMPLAINED OF TEMPERATURES BELOW 50 DEGREES FARENHEIT IN HIS ASSIGNED ROOM AT THE VISITING OFFICERS' QUARTERS (VOQ). DESPITE HIS COMPLAINTS OVER SEVERAL DAYS, NO HEAT OR ALTERNATIVE QUARTERS WERE PROVIDED.

ACCORDING TO MR. THOMAS LOWERY, CHIEF OF BILLETING SERVICES, PIPES AND VALVES FOR THE HEATING SYSTEM HAD TO BE REPLACED NEAR MR. JONES' ROOM. ORDER TO INVESTIGATE UNSATISFACTORY ACCOMMODATIONS, PROCEDURES REQUIRED THAT THE VOQ GIVE THE GUEST A COMPLAINT FORM TO FILL OUT. EVIDENTLY THE VOQ BUSINESS OFFICE DID NOT ISSUE MR. JONES A COMPLAINT FORM, AND THEREFORE THE HEATING PROBLEM WAS NOT RESOLVED.

DURING THE MORNING OF NOVEMBER 1, 1977, MR. JONES TELEPHONED HIS SUPERVISOR, MR. DARRELL T. SMITH, AT MCCLELLAN AIR FORCE BASE AND REPEATED THE HEATING PROBLEM. MR. SMITH INSTRUCTED MR. JONES TO ATTEMPT A REMEDY BY CONTACTING THE CLASS DIRECTOR OF THE SCHOOL. MR. SMITH MENTIONED THE POSSIBILITY OF LEAVING THE SCHOOL IF THE PROBLEM WAS NOT SOLVED, BUT HE TOLD MR. JONES TO CALL AGAIN IN THE AFTERNOON OR EVENING OF NOVEMBER 1 BEFORE RETURNING HOME. MR. JONES CONTACTED SCHOOL OFFICIALS, CALLED HIS SUPERVISORS AGAIN AS DIRECTED, AND INFORMED THEM THAT STILL THERE WAS NO REMEDY. HE REQUESTED THEIR ASSISTANCE, BUT THEY TOLD HIM TO PROCEED AS HE THOUGH BEST SINCE HE WAS IN THE BEST POSITION TO KNOW THE CONDITIONS AT THE SCHOOL. MR. JONES THEN INFORMED HIS SUPERVISORS THAT HE WAS RETURNING HOME IMMEDIATELY. HE CHECKED OUT OF HIS TEMPORARY QUARTERS AT 6:30 P.M., NOVEMBER 1, STAYED AT A MOTEL THAT EVENING, AND RETURNED HOME THE FOLLOWING MORNING.

THE SCHOOL DEAN REPORTED THAT MR. JONES HAD LEFT THE SCHOOL WITHOUT AUTHORITY. HE DEPARTED AFTER UNSUCCESSFUL ATTEMPTS WERE MADE ON NOVEMBER 1 TO LOCATE HIM AND INFORM HIM THAT HE SHOULD REPORT TO THE VOQ MANAGER AFTER SCHOOL SO THAT SUITABLE LODGING COULD BE PROVIDED. AS A RESULT MR. JONES' TEMPORARY DUTY EXPENSES FOR THE RETURN TRIP WERE DISALLOWED IN ACCORDANCE WITH PARA. C4463 OF THE JOINT TRAVEL REGULATIONS, VOLUME 2. THIS REGULATION PROVIDES THAT A RETURN TRIP WILL NOT BE AT GOVERNMENT EXPENSE IF THE EMPLOYEE ABANDONS TRAVEL OR HIS TEMPORARY DUTY ASSIGNMENT FOR "PERSONAL REASONS" WHICH ARE UNACCEPTABLE TO THE EMPLOYING AGENCY.

HOWEVER, WE HAVE RECEIVED ADDITIONAL INFORMATION IN THE FORM OF MEMORANDA WRITTEN BY MR. JONES' SUPERVISORS, ESTABLISHING THAT HE WAS GIVEN AUTHORITY TO LEAVE THE SCHOOL AND RETURN HOME DURING THE AFTERNOON OR EVENING OF NOVEMBER 1, 1979. THE AUTHORIZATION TO RETURN FOR HEALTH REASONS AND INABILITY TO STUDY BECAUSE THE TEMPORARY QUARTERS LACKED HEAT WAS EVIDENTLY UNKNOWN TO THE SCHOOL DEAN WHEN HE REPORTED THAT MR. JONES LEFT THE SCHOOL WITHOUT AUTHORITY.

THE FAILURE TO CONTACT MR. JONES ON NOVEMBER 1 TO RESOLVE THE PROBLEM WAS EVIDENTLY BECAUSE OF A COMMUNICATION BREAKDOWN. WE HAVE NO EVIDENCE THAT MR. JONES WAS ABSENT FROM HIS CLASSES, ENDING AT 4:30 P.M., OR THAT HE WAS OTHERWISE UNAVAILABLE TO BE CONTACTED BEFORE HE CHECKED OUT OF THE VOQ AT 6:30 P.M. AN EMPLOYEE DOES NOT LOSE TRAVEL REIMBURSEMENT WHEN A COMMUNICATIONS BREAKDOWN THROUGH NO FAULT OF HIS OWN DISRUPTS HIS TEMPORARY DUTY. SEE MORLEY V. ADAMS, JR., B-197954, AUGUST 19, 1980.

HIS SUPERVISORS PROPERLY CONSIDERED THAT THE LEARNING IMPEDIMENT AND HEALTH HAZARD OF THE UNHEATED ROOM WERE OFFICIAL REASONS FOR APPROVING HIS RETURN. SEE 41 COMP.GEN. 573 (1962); B-161315, JUNE 13, 1967. CONSEQUENTLY, MR. JONES DID NOT ABANDON HIS TEMPORARY DUTY ASSIGNMENT FOR "PERSONAL REASONS" AND THE PROHIBITION AGAINST PAYMENT OF RETURN EXPENSES IN PARA. C4463 IS INAPPLICABLE.

ACCORDINGLY, THE AIR FORCE SHOULD BE ADVISED THAT MR. JONES IS ENTITLED TO TRAVEL EXPENSES FOR RETURN TO HIS PERMANENT DUTY STATION. CLAIMS DIVISION'S DISALLOWANCE OF OCTOBER 24, 1979, IS REVERSED ON THE BASIS OF NEW EVIDENCE. ATTACHED IS THE CLAIMS FILE AND COPY OF TODAY'S LETTER TO CONGRESSMAN MATSUI INFORMING HIM OF THIS ACTION.

DIGEST

EMPLOYEE REPEATEDLY COMPLAINED THAT HIS ROOM, WHERE HE WAS ASSIGNED WHILE ATTENDING SCHOOL ON TDY, LACKED HEAT. AFTER INFORMING HIS SUPERVISORS AT HIS PERMANENT DUTY STATION, THE EMPLOYEE WAS AUTHORIZED TO RETURN HOME. SINCE HE DID NOT ABANDON TEMPORARY DUTY FOR PERSONAL REASONS, HE IS ENTITLED TO PAYMENT OF TRAVEL EXPENSES FOR THE RETURN TO HIS PERMANENT DUTY STATION.