B-157040, SEP. 7, 1965

B-157040: Sep 7, 1965

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NOTE THAT THE MATTER IS BEING SUBMITTED FOR OUR DECISION SINCE MR. KRAEMER FEELS HE IS BEING UNJUSTLY PENALIZED IF HE IS REQUIRED TO PAY THE EXCESS TRANSPORTATION COST OF THE INDIRECT RETURN DECIDED UPON IN THE EXERCISE OF HIS JUDGMENT UNDER THE CIRCUMSTANCES AT THE TIME. - WAS SECURED FOR THE TEMPORARY DUTY JANUARY 12. DUE TO MECHANICAL TROUBLE AT BOSTON FLIGHT 627 WAS CANCELLED. ALL CONFIRMED PASSENGERS FOR THIS FLIGHT WERE PLACED ON THE NEXT FLIGHT DEPARTING AT 6 P.M. NO FLIGHTS WERE CANCELLED DUE TO WEATHER CONDITIONS. KRAEMER DETERMINED FROM WEATHER REPORTS ON THE MORNING OF JANUARY 15 AND THAT HEAVY SNOW WAS EXPECTED ALL ALONG THE SEABOARD THAT EVENING AND THAT SUCH CONDITION MIGHT INTERRUPT AIR TRAFFIC THUS PRECLUDING HIS RETURN TO OAK RIDGE ON SATURDAY.

B-157040, SEP. 7, 1965

TO MR. D. H. SHELTON, AUTHORIZED CERTIFYING OFFICER, ACCOUNTS PAYABLE AND TRAVEL SECTION, UNITED STATES ATOMIC ENERGY COMMISSION:

YOUR LETTER OF JUNE 16, 1965, REFERENCE AFS:DHS, SUBMITS VOUCHER FOR MR. EUGENE A. KRAEMER COVERING SUBSISTENCE CLAIMED, $52, AGAINST WHICH THE EXCESS TRANSPORTATION COST OF HIS INDIRECT RETURN FROM BOSTON, MASSACHUSETTS, THE TEMPORARY DUTY POINT, TO OAK RIDGE, TENNESSEE, THE OFFICIAL STATION, VIA ATLANTA, ON JANUARY 15, 1965, HAS BEEN OFFSET. NOTE THAT THE MATTER IS BEING SUBMITTED FOR OUR DECISION SINCE MR. KRAEMER FEELS HE IS BEING UNJUSTLY PENALIZED IF HE IS REQUIRED TO PAY THE EXCESS TRANSPORTATION COST OF THE INDIRECT RETURN DECIDED UPON IN THE EXERCISE OF HIS JUDGMENT UNDER THE CIRCUMSTANCES AT THE TIME.

THE RECORD SHOWS THAT A ROUND TRIP TICKET--- AIR--- WAS SECURED FOR THE TEMPORARY DUTY JANUARY 12, 1965, FROM KNOXVILLE, TENNESSEE, TO BOSTON, MASSACHUSETTS, AND RETURN, AT A COST OF $100.25. THE SCHEDULED ITINERARY FOR THE RETURN TRIP CALLED FOR DEPARTURE JANUARY 15, 1965, FROM BOSTON AT 4:15 P.M. ON NORTHEAST AIRLINES FLIGHT 627, TOURIST, ARRIVING IN WASHINGTON, D.C., AT 6:17 P.M., DEPARTING ON AMERICAN AIRLINES FLIGHT 375, FIRST CLASS, AT 7 P.M., AND ARRIVING AT KNOXVILLE AT :40 P.M. DUE TO MECHANICAL TROUBLE AT BOSTON FLIGHT 627 WAS CANCELLED. HOWEVER, ALL CONFIRMED PASSENGERS FOR THIS FLIGHT WERE PLACED ON THE NEXT FLIGHT DEPARTING AT 6 P.M. NO FLIGHTS WERE CANCELLED DUE TO WEATHER CONDITIONS.

MR. KRAEMER DETERMINED FROM WEATHER REPORTS ON THE MORNING OF JANUARY 15 AND THAT HEAVY SNOW WAS EXPECTED ALL ALONG THE SEABOARD THAT EVENING AND THAT SUCH CONDITION MIGHT INTERRUPT AIR TRAFFIC THUS PRECLUDING HIS RETURN TO OAK RIDGE ON SATURDAY, JANUARY 16. HE ACTUALLY DEPARTED BOSTON ON EASTERN AIRLINES FLIGHT 315 AT 3:55 P.M., TOURIST JET, FOR PHILADELPHIA; DEPARTED PHILADELPHIA AT 5:25 P.M. (SAME FLIGHT) FIRST-CLASS JET; ARRIVED AT ATLANTA, GEORGIA, AT 7:15 .M., AND DEPARTED ATLANTA ON DELTA AIRLINES FLIGHT 444 AT 9:30 P.M., ARRIVING AT KNOXVILLE AT 1:15 P.M. AT THE TIME MR. KRAEMER MADE ARRANGEMENTS IN BOSTON FOR THE INDIRECT RETURN TRIP HE COULD NOT BE CONFIRMED FROM ATLANTA TO KNOXVILLE. AFTER HIS ARRIVAL IN ATLANTA THE TICKET AGENT REFUSED TO ISSUE A TICKET ON DELTA FLIGHT 444 BUT DID ISSUE A TICKET FOR FLIGHT 646 DEPARTING AT :50 A.M. THE NEXT DAY. MR. KRAEMER WAS ABLE TO BOARD THE EARLIER FLIGHT ONLY BECAUSE OF HIS PRESENCE AFTER ALL OTHER TRAVELERS HOLDING CONFIRMED TICKETS WERE SEATED. YOUR EXHIBIT A SHOWS THAT THE COST OF THE TRAVEL ACTUALLY PERFORMED WAS $85.15. WE NOTE THAT MR. KRAEMER ARRIVED IN PHILADELPHIA AT 4:55 P.M. ON THE FLIGHT ACTUALLY USED AND THAT HE COULD HAVE DEPLANED AND MADE CONNECTION WITH UNITED AIRLINES FLIGHT 461 DEPARTING AT 5:40 P.M. ARRIVING IN WASHINGTON AT 6:38 P.M. IF HE HAD BEEN UNABLE TO MAKE THE CONFIRMED CONNECTION IN WASHINGTON ON AMERICAN AIRLINES FLIGHT 375 DEPARTING AT 7 P.M. FOR KNOXVILLE, MR. KRAEMER MIGHT HAVE SECURED PASSAGE WITH PIEDMONT AIRLINES FLIGHT 783 DEPARTING AT 7:10 P.M. ALSO, HE COULD HAVE REMAINED OVERNIGHT IN WASHINGTON AND PROCEEDED THE NEXT DAY TO KNOXVILLE, THE SAME POSSIBILITY HE FACED AT ATLANTA WHEN HE MADE ARRANGEMENTS FOR THE INDIRECT TRIP. WE NOTE FROM YOUR EXHIBIT A THAT THE COST OF THE TRAVEL WOULD HAVE BEEN $70.30 HAD MR. KRAEMER DEPLANED AT PHILADELPHIA, FLOWN TO WASHINGTON AND REMAINED OVERNIGHT THERE. ALSO, WE NOTE FROM YOUR EXHIBIT B THAT THE COST OF THE TRAVEL BY LEAVING BOSTON AT 6 P.M. ON FLIGHT 635, NORTHEAST AIRLINES, THE ARRANGEMENTS MADE WHEN FLIGHT 627 WAS CANCELLED, AND REMAINING OVERNIGHT IN WASHINGTON BEFORE TRAVELING TO KNOXVILLE, WOULD HAVE BEEN $63.70. EXHIBIT C SHOWS THAT HAD THE EMPLOYEE REMAINED OVERNIGHT IN BOSTON BEFORE PROCEEDING TO KNOXVILLE THE OVER-ALL COST TO THE GOVERNMENT, INCLUDING PER DIEM, WOULD HAVE BEEN THE SAME. YOUR EXHIBITS REFLECT THAT THE EXCESS COST WOULD HAVE AMOUNTED TO $16.19 UNDER EXHIBIT A AND $23.12 UNDER EXHIBITS B AND C.

SECTION 3.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS READS AS FOLLOWS:

"3.2 ROUTING OF TRAVEL.--- ALL TRAVEL WILL BE BY A USUALLY TRAVELED ROUTE. TRAVEL BY OTHER ROUTES MAY BE ALLOWED WHEN THE OFFICIAL NECESSITY THEREFOR IS SATISFACTORILY ESTABLISHED. (SEE SECS. 3.8, 3.9, 12.6.)"

YOU EXPRESS THE VIEW THAT OFFICIAL NECESSITY HAS NOT BEEN ESTABLISHED FOR THE TRAVEL ACTUALLY PERFORMED BY MR. KRAEMER.

BASED UPON ALL THE CIRCUMSTANCES EXISTING IN THIS MATTER WE CONCLUDE THAT THE GOVERNMENT IS NOT CHARGEABLE WITH ANY TRAVEL COSTS FOR THE RETURN TRIP IN EXCESS OF $70.30 AS DETAILED ON THE VOUCHER AND IN EXHIBIT A, SINCE THE "OFFICIAL NECESSITY" FOR TRAVEL BY OTHER THAN THE "USUALLY TRAVELED ROUTE" HAS NOT BEEN SATISFACTORILY ESTABLISHED. COMPARE B-59942 AND CASES CITED THEREIN.

THE VOUCHER IS RETURNED HEREWITH FOR DISPOSITION IN ACCORDANCE WITH THE FOREGOING.