B-166301, APR. 15, 1969

B-166301: Apr 15, 1969

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CAMP WAS DIRECTED TO ATTEND AN 8-DAY TRAINING COURSE ON CONTRACT TERMINATIONS AT NASA HEADQUARTERS IN WASHINGTON. WAS HOSPITALIZED. FOR A PERIOD OF 5 DAYS WAS TREATED MEDICALLY FOR A PHYSICAL BREAKDOWN. THE SON WAS RELEASED BY THE DOCTOR AND VISTA. CAMP WAS ON ANNUAL LEAVE FROM AUGUST 12 TO 16 AND LIMITS HIS PER DIEM TO MIDNIGHT AUGUST 9. CAMP WAS OBTAINING APPROVAL FOR HIS EMERGENCY ANNUAL LEAVE. HERTZOG AND EXPLAINED TO HIM THAT DURING THE FIRST 3 DAYS OF CLASS THE BASIC PRINCIPLES OF CONTRACT TERMINATIONS WERE TAUGHT. CAMP POINTED OUT THAT AMES WAS SELDOM INVOLVED IN TERMINATIONS FOR CONVENIENCE AND HE QUESTIONED THE NEED FOR ADDITIONAL TRAINING ON THE SUBJECT. CAMP WAS SUBSTANTIALLY COMPLETED.

B-166301, APR. 15, 1969

TO MR. RALPH F. SHAWLEE:

THIS RESPONDS TO YOUR REQUEST OF FEBRUARY 14, 1969, REFERENCE AF, FORWARDED TO THIS OFFICE FEBRUARY 27, 1969, BY THE DIRECTOR OF FINANCIAL MANAGEMENT, REFERENCE BFG, FOR AN ADVANCE DECISION ON A TRAVEL VOUCHER IN FAVOR OF MR. JOSEPH M. CAMP, AN EMPLOYEE AT AMES RESEARCH CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. THE VOUCHER COVERS TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, FOR THE PERIOD AUGUST 6 THROUGH AUGUST 16, 1968, ASSOCIATED WITH TRAVEL PERFORMED BY MR. CAMP PURSUANT TO TRAVEL AUTHORIZATION NO. 90373.

THE RECORD, INCLUDING A MEMORANDUM OF JANUARY 16, 1969, BY MR. CAMP AND ENDORSED BY MR. A. S. HERTZOG, PROCUREMENT OFFICER AT AMES AND MR. CAMP'S SUPERVISOR, SHOWS THAT MR. CAMP WAS DIRECTED TO ATTEND AN 8-DAY TRAINING COURSE ON CONTRACT TERMINATIONS AT NASA HEADQUARTERS IN WASHINGTON, D.C., SCHEDULED FOR THE PERIOD FROM AUGUST 7 TO 16, 1968. MR. CAMP TRAVELED TO WASHINGTON FROM OAKLAND, CALIFORNIA, ON AUGUST 6 AND ATTENDED 3 DAYS OF THE TRAINING COURSE FROM AUGUST 7 TO 9, 1968. ON FRIDAY, AUGUST 9, AFTER THE THIRD DAY OF CLASS, MR. CAMP TRAVELED TO CHARLOTTE, NORTH CAROLINA, TO VISIT HIS SON. DURING THE VISIT THE SON BECAME ILL, WAS HOSPITALIZED, AND FOR A PERIOD OF 5 DAYS WAS TREATED MEDICALLY FOR A PHYSICAL BREAKDOWN. MR. CAMP REMAINED WITH HIS SON WHILE ON EMERGENCY ANNUAL LEAVE FROM AUGUST 12 TO 16, 1968. ON FRIDAY, AUGUST 16, 1968, THE SON WAS RELEASED BY THE DOCTOR AND VISTA, THE EMPLOYER OF MR. CAMP'S SON, ORDERED HIM HOME FOR COMPLETE REST AND RECUPERATION. MR. CAMP CONVERTED THE RETURN TRIP PORTION OF HIS ROUND TRIP TICKET FOR TRANSPORTATION FROM CHARLOTTE, NORTH CAROLINA, TO SAN FRANCISCO IN ORDER TO RETURN TO CALIFORNIA WITH HIS SON. MR. CAMP WAS ON ANNUAL LEAVE FROM AUGUST 12 TO 16 AND LIMITS HIS PER DIEM TO MIDNIGHT AUGUST 9. WE UNDERSTAND THE INDIRECT RETURN TRAVEL FOR WHICH HE REQUESTS PAYMENT DOES NOT EXCEED THE COST OF DIRECT RETURN TRAVEL.

ON AUGUST 8 DURING THE COURSE ON CONTRACT TERMINATIONS, MR. CAMP DISCUSSED ITS CONTEXT WITH MR. HERTZOG WHO AGREED THAT MR. CAMP COULD RETURN AT ANY TIME AFTER FRIDAY, AUGUST 9, 1968. ADDITIONALLY, ON MONDAY, AUGUST 12 WHEN MR. CAMP WAS OBTAINING APPROVAL FOR HIS EMERGENCY ANNUAL LEAVE, HE AGAIN DISCUSSED THE TRAINING COURSE WITH MR. HERTZOG AND EXPLAINED TO HIM THAT DURING THE FIRST 3 DAYS OF CLASS THE BASIC PRINCIPLES OF CONTRACT TERMINATIONS WERE TAUGHT. THE REMAINING PORTION OF THE COURSE WOULD BE USED TO APPLY THOSE PRINCIPLES TO CASES. MR. CAMP POINTED OUT THAT AMES WAS SELDOM INVOLVED IN TERMINATIONS FOR CONVENIENCE AND HE QUESTIONED THE NEED FOR ADDITIONAL TRAINING ON THE SUBJECT.

YOU REQUEST OUR DECISION WHETHER THE TRANSPORTATION AND PER DIEM EXPENSES OF MR. CAMP'S RETURN TRIP MAY BE PAID BY THE GOVERNMENT SINCE THE RECORD INDICATES THE PURPOSE OF THE TRIP TO WASHINGTON BY MR. CAMP WAS SUBSTANTIALLY COMPLETED.

IN VIEW OF THE FACTS SET FORTH ABOVE AND SINCE THE SUPERVISOR, MR. HERTZOG, AUTHORIZED THE RETURN OF MR. CAMP TO AMES ANY TIME AFTER AUGUST 9, 1968, UPON MR. CAMP'S DETERMINATION THAT FURTHER ATTENDANCE AT THE TRAINING COURSE WAS NOT OF SUFFICIENT BENEFIT, IT IS REASONABLY ESTABLISHED THAT MR. CAMP SUBSTANTIALLY COMPLETED THE ORIGINAL PURPOSE OF THE TRAVEL. THEREFORE THE RETURN TRANSPORTATION MAY BE PAID BY THE GOVERNMENT AND THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.