Request for Reimbursement of Attorney Fees

A request was made for reconsideration of a Claims Division settlement which denied an employee's claim for reimbursement for attorney fees for services rendered in connection with obtaining a continuance in the employee's divorce proceedings. The continuance was necessary because the agency assigned the employee to temporary duty in Egypt on the date on which his trial had been scheduled. The employee pointed out that he did not request the assignment and that the agency had been aware of his scheduled trial date. However, GAO held that divorce proceedings do not concern actions which are within the scope of the claimant's employment and there was no Government interest to be protected in such a proceeding. There is no other authority which would provide a basis for payment. The fact that an employee or his family would not have had the occasion to incur a personal expense but for the performance of official travel is not sufficient basis for shifting such an expense to the Government. Acordingly, the settlement of the Claims Division was sustained and the employee's claim for reimbursement was denied.