B-215285, MAY 10, 1985
Highlights
WERE BASED ON ERRONEOUS FACTS. BOTH WERE BASED ON A ONE-WAY COACH AIRFARE OF $143 PUBLISHED IN THE OFFICIAL AIRLINE GUIDE AND SCHEDULES SATISFYING THE EMPLOYEE'S DUTY REQUIREMENTS WHILE MINIMIZING PER DIEM. WHERE UPON RECONSIDERATION IT IS FOUND THAT CARRIERS' PASSENGER TARIFF RESTRICTED THE FARE TO NIGHT-COACH TRAVEL. THE EMPLOYEE IS ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON THE LOWEST ONE- WAY FARE ($204) AVAILABLE TO MEET THE EMPLOYEE'S TRAVEL REQUIREMENTS WITHOUT INCREASING PER DIEM. WE CONCLUDED THAT HE WAS NOT ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON A HIGHER ONE -WAY FARE OF $204. OUR PRIOR DECISION WAS BASED ON FACTS OBTAINED FROM THE GENERAL SERVICES ADMINISTRATION WHICH CONFIRMED THAT THE $143 COACH FARE SHOWN IN THE OFFICIAL AIRLINE GUIDE WOULD HAVE BEEN APPLICABLE WITHOUT RESTRICTIONS TO THE TRAVEL SCHEDULES USED BY THE CERTIFYING OFFICER.
B-215285, MAY 10, 1985
TRAVEL EXPENSES - CONSTRUCTIVE TRAVEL COSTS - COMPUTATION DIGEST: AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR CONTENDED THAT A CERTIFYING OFFICER'S COMPUTATION OF HIS COMPARATIVE COST REIMBURSEMENT FOR TEMPORARY DUTY TRAVEL AND OUR DECISION, FLOYD L. KLAVETTER, B-215285, DECEMBER 13, 1984, SUSTAINING THE COMPUTATION, WERE BASED ON ERRONEOUS FACTS. BOTH WERE BASED ON A ONE-WAY COACH AIRFARE OF $143 PUBLISHED IN THE OFFICIAL AIRLINE GUIDE AND SCHEDULES SATISFYING THE EMPLOYEE'S DUTY REQUIREMENTS WHILE MINIMIZING PER DIEM. WHERE UPON RECONSIDERATION IT IS FOUND THAT CARRIERS' PASSENGER TARIFF RESTRICTED THE FARE TO NIGHT-COACH TRAVEL, THE EMPLOYEE IS ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON THE LOWEST ONE- WAY FARE ($204) AVAILABLE TO MEET THE EMPLOYEE'S TRAVEL REQUIREMENTS WITHOUT INCREASING PER DIEM.
MR. FLOYD L. KLAVETTER:
MR. FLOYD L. KLAVETTER HAS REQUESTED REVIEW OF AIRFARE AND SCHEDULE INFORMATION USED AS THE BASIS OF OUR DECISION, FLOYD L. KLAVETTER, B-215285, DECEMBER 13, 1984. WE HELD THERE THAT THE CERTIFYING OFFICER OF THE DEPARTMENT OF THE INTERIOR CORRECTLY LIMITED MR. KLAVETTER'S COMPARATIVE COST REIMBURSEMENT FOR TEMPORARY DUTY TRAVEL TO THE CONSTRUCTIVE ONE-WAY COACH ("Y") AIRFARE OF $143 FOR SERVICE BETWEEN KANSAS CITY, MISSOURI, AND BIRMINGHAM, ALABAMA. AS A RESULT, WE CONCLUDED THAT HE WAS NOT ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON A HIGHER ONE -WAY FARE OF $204. WE HOLD NOW THAT MR. KLAVETTER'S REIMBURSEMENT SHOULD NOT BE LIMITED TO THE LOWER $143 FARE.
OUR PRIOR DECISION WAS BASED ON FACTS OBTAINED FROM THE GENERAL SERVICES ADMINISTRATION WHICH CONFIRMED THAT THE $143 COACH FARE SHOWN IN THE OFFICIAL AIRLINE GUIDE WOULD HAVE BEEN APPLICABLE WITHOUT RESTRICTIONS TO THE TRAVEL SCHEDULES USED BY THE CERTIFYING OFFICER. IN HIS REQUEST FOR REVIEW MR. KLAVETTER CONTENDED THAT THE FACTUAL BASIS FOR THE CERTIFYING OFFICER'S COMPUTATION AND OUR DECISION WAS ERRONEOUS, A CONTENTION WITH WHICH WE NOW AGREE.
BASED ON MR. KLAVETTER'S REPRESENTATION THAT SIX MAJOR AIRLINES THAT OFFER SERVICE IN THE KANSAS CITY-BIRMINGHAM MARKET INFORMED HIM THAT THE LOWEST ONE-WAY COACH FARE OFFERED FOR THE CONSTRUCTIVE TRAVEL WAS $204, WE MADE FURTHER INQUIRIES AND FOUND THAT WHILE THE OFFICIAL AIRLINE GUIDE PUBLISHED THE $143 FARE, PERTINENT PAGES OF THE OFFICIAL NORTH AMERICAN PASSENGER TARIFF, PROVIDED BY THE GENERAL SERVICES ADMINISTRATION, SHOW THAT THE FARE APPLIED ONLY TO NIGHT COACH ("YN"); THEREFORE, IT WOULD NOT HAVE BEEN AVAILABLE ON THE SCHEDULES USED BY THE CERTIFYING OFFICER IN COMPUTING THE COST COMPARISON. USE OF FLIGHTS TO WHICH THE $143 FARE APPLIED WOULD HAVE INCREASED PER DIEM COSTS BECAUSE OF THE NECESSITY TO TRAVEL AT NIGHT, AND WOULD HAVE REQUIRED THE EMPLOYEE TO TRAVEL AT UNREASONABLE HOURS, IN ANY EVENT. SEE DONALD BRAY, B-200305, APRIL 23, 1981.
ACCORDINGLY, MR. KLAVETTER IS ENTITLED TO ADDITIONAL REIMBURSEMENT BASED ON THE HIGHER $204 ONE-WAY FARE. PAYMENT SHOULD BE MADE TO HIM ON THAT BASIS.