B-209336 L/M, MAY 9, 1983, OFFICE OF GENERAL COUNSEL

B-209336 L/M, MAY 9, 1983, OFFICE OF GENERAL COUNSEL

DIGEST: PARAGRAPH C4152 OF THE JOINT TRAVEL (REGULATIONS (JTR), WHICH IMPLEMENTS THE STATUTORY AUTHORITY FOR TOUR RENEWAL AGREEMENT TRAVEL FOUND IN 5 U.S.C. SEC. 5728(A) PROVIDES THAT AN EMPLOYEE MAY SELECT AN ALTERNATE LOCATION RATHER THAN RETURNING TO HIS ACTUAL PLACE OF RESIDENCE FROM HIS OVERSEAS POST OF DUTY. HOWEVER, BOTH THAT REGULATION AND COMPTROLLER GENERAL DECISIONS PROVIDE THAT AUTHORIZATION TO TRAVEL TO AN ALTERNATE LOCATION MAY NOT BE CONSTRUED AS PERMITTING AN EMPLOYEE TO TRAVEL TO VARIOUS LOCATIONS FOR HIS PERSONAL CONVENIENCE.

MR. THOMAS H. HAMARA, DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS:

THIS IS IN RESPONSE TO YOUR INQUIRY CONCERNING YOUR ENTITLEMENTS IN CONNECTION WITH TOUR RENEWAL AGREEMENT TRAVEL YOU PERFORMED IN 1981.

IN VIEW OF STATUTORY AND REGULATORY PROVISIONS RELATING TO OUR DECISION- MAKING AUTHORITY, FORMAL RULINGS AND DECISIONS OF THE COMPTROLLER GENERAL ARE USUALLY RENDERED ONLY TO HEADS OF DEPARTMENTS AND AGENCIES, DISBURSING AND CERTIFYING OFFICERS, OR TO CLAIMANTS WHO HAVE FILED MONETARY CLAIMS WITH OUR OFFICE. SEE 31 U.S.C. SECS. 3529, 3702, AS CODIFIED BY PUBLIC LAW 97-258, 96 STAT. 877 (FORMERLY 31 U.S.C. SEC. 71, 74, 82D). THEREFORE, ALTHOUGH WE ARE NOT RENDERING A DECISION IN RESPONSE TO YOUR LETTER, WE HAVE REVIEWED IT AND HOPE THAT THE FOLLOWING COMMENTS WILL BE OF SOME ASSISTANCE. WE HAVE ENCLOSED COPIES OF THE DECISIONS AND REGULATIONS CITED IN OUR LETTER.

YOUR LETTER INDICATES THAT YOU BECAME ELIGIBLE FOR TOUR RENEWAL TRAVEL IN 1981, BUT INSTEAD OF TRAVELING FROM YOUR DUTY STATION IN MADRID, SPAIN, TO YOUR ACTUAL PLACE OF RESIDENCE IN LONG BEACH, CALIFORNIA, YOU SELECTED THE ALTERNATE DESTINATION OF NEW PORT RICKEY, FLORIDA. YOU WERE INFORMED THAT YOU WERE TO PERFORM A TEMPORARY DUTY ASSIGNMENT IN BOULDER, COLORADO, DURING YOUR RENEWAL AGREEMENT TRIP. ALTHOUGH YOU TRAVELED TO NEW PORT RICKEY, YOU SAY THAT DUE TO ILLNESS YOU PROCEEDED TO JOHNSTOWN, PENNSYLVANIA, TO STAY WITH FAMILY AND FRIENDS AND THEN DEPARTED FROM THERE TO YOUR TEMPORARY DUTY ASSIGNMENT IN BOULDER.

WHEN YOU RETURNED TO MADRID YOU WERE INFORMED THAT YOU WOULD NOT BE REIMBURSED FOR TRAVEL EXPENSES ASSOCIATED WITH YOUR STOP IN PENNSYLVANIA BUT THAT YOU COULD ONLY BE REIMBURSED FOR TRAVEL EXPENSES AND PER DIEM FOR DIRECT TRAVEL FROM MADRID TO NEW PORT RICKEY, NEW PORT RICKEY TO BOULDER, AND FROM BOULDER TO MADRID.

YOU CONTEST THIS DETERMINATION, POINTING OUT THAT YOU BECAME ILL BEFORE YOUR DEPARTURE AND THAT IN LIGHT OF THAT ILLNESS YOUR DIRECTOR GAVE YOU PERMISSION TO TRAVEL TO JOHNSTOWN PRIOR TO ENTERING TEMPORARY DUTY STATUS. YOU REPORT THAT YOU FORGOT TO HAVE YOUR ORDERS AMENDED BECAUSE YOU WERE HOSPITALIZED JUST PRIOR TO YOUR DEPARTURE AND WERE RUSHED IN YOUR PREPARATION FOR THE TRIP. WE NOTE THAT YOUR DIRECTOR HAS CONFIRMED THAT HE AUTHORIZED THE TRAVEL TO JOHNSTOWN.

YOU ARGUE THAT THE JOHNSTOWN TRAVEL WAS INADVERTENTLY OMITTED FROM YOUR TRAVEL ORDERS, AND SINCE IT WAS ORIGINALLY INTENDED, THE ORDERS SHOULD BE AMENDED TO REFLECT THAT INTENTION. OUR DECISIONS HAVE ALLOWED THE AMENDMENT OF TRAVEL ORDERS WHERE FACTS AND CIRCUMSTANCES DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED WAS OMITTED THROUGH ERROR OR INADVERTANCE. WE DO SO AS AN EXCEPTION TO OUR GENERAL RULE THAT TRAVEL ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY AFTER TRAVEL HAS BEEN PERFORMED SO AS TO INCREASE OR DECREASE RIGHTS THAT HAVE ACCRUED AND BECOME FIXED UNDER APPLICABLE LAW AND REGULATION. SEE 54 COMP.GEN. 638 (1975). IF YOUR TRAVEL ORDERS WERE AMENDED, YOUR ENTITLEMENTS WOULD STILL BE LIMITED BY THE STATUTE AND REGULATIONS GOVERNING RENEWAL AGREEMENT TRAVEL.

RENEWAL AGREEMENT TRAVEL IS AUTHORIZED BY 5 U.S.C. SEC. 5728(A) WHICH PROVIDES FOR ROUND-TRIP TRAVEL OF AN EMPLOYEE AND TRANSPORTATION OF HIS IMMEDIATE FAMILY FROM AN OVERSEAS POST OF DUTY TO HIS PLACE OF RESIDENCE. THE REGULATIONS IMPLEMENTING SECTION 5728(A) ARE CONTAINED IN PARAGRAPH C4152 OF THE JOINT TRAVEL REGULATIONS (JTR). PARAGRAPH C4152-2A AUTHORIZES TRAVEL TO AN ALTERNATE LOCATION IN THE SAME COUNTRY AS THE EMPLOYEE'S ACTUAL PLACE OF RESIDENCE WITH THE TRAVEL AND TRANSPORTATION EXPENSE TO THE GOVERNMENT LIMITED TO THE COST BY THE USUAL ROUTE AND AUTHORIZED MODES FROM THE OVERSEAS POST OF DUTY TO THE PLACE OF ACTUAL RESIDENCE AND RETURN. PARAGRAPH C4152-2(C) OF THE JTR PROVIDES THAT "AUTHORIZATION TO TRAVEL TO AN ALTERNATE LOCATION WILL NOT BE CONSTRUED AS RECOGNIZING A 'TRAVEL TOUR' CONCEPT PROVIDING FOR TRAVEL TO VARIOUS POINTS FOR PERSONAL REASONS."

THE LATTER PROVISION REFLECTS STATEMENTS WE MADE IN A NUMBER OF COMPTROLLER GENERAL DECISIONS TO THE EFFECT THAT ALTHOUGH SELECTION OF AN ALTERNATE LOCATION IS PERMITTED, TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE IS NOT PERMITTED. SEE 46 COMP.GEN. 675 (1967); 41 COMP.GEN. 553 (1962); AND 37 COMP.GEN. 113 (1957). THEREFORE, IT APPEARS THAT YOUR TRAVEL REIMBURSEMENT WOULD BE LIMITED, IF YOUR TRAVEL ORDERS WERE AMENDED, TO TRAVEL FROM MADRID TO JOHNSTOWN, JOHNSTOWN TO BOULDER, AND BOULDER TO MADRID.

IF, AFTER CONSIDERING THE FOREGOING, YOU WISH TO FILE A CLAIM CONCERNING THIS MATTER, IT SHOULD BE ADDRESSED TO THE CLAIMS GROUP, AFMD, U. S. GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C., 20548. SEE 4 C.F.R. PART 31. CONSIDERATION OF YOUR CLAIM WILL BE EXPEDITED IF IT IS FIRST FILED WITH YOUR AGENCY SO IT CAN BE FORWARDED ALONG WITH THE ADMINISTRATIVE REPORT REQUIRED FOR ADJUDICATION.