B-164709, AUG. 1, 1968

B-164709: Aug 1, 1968

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THE FACTS GIVING RISE TO THE QUESTION ARE PRESENTED IN YOUR LETTER OF JUNE 28. THE PROBLEM WHICH ARISES IS ENTITLEMENT TO A REST PERIOD DURING A LONG PERIOD OF TRAVEL. 24 HOURS (TRAVELERS' LAYOVER WHICH IS UNDER CONSIDERATION) 5/18 1315 DEP FRANKFURT THE LENGTH OF TIME INDICATED BETWEEN JOHANNESBURG AND FRANKFURT DOES NOT REVEAL THAT THERE WERE THREE INTERMEDIATE STOPS OF 30 - 45 MINUTES EACH IN ORDER TO DISCHARGE AND PICK UP PASSENGERS. THE ACTUAL LENGTH OF TRAVEL BETWEEN FRANKFURT AND NEW YORK IS ABOUT 9 HOURS 45 MINUTES. "3. THE FLIGHT FROM JOHANNESBURG TO FRANKFURT WAS DELAYED. IT WAS APPROXIMATELY ONE HOUR BEFORE THE CONNECTION FLIGHT FOR NEW YORK WAS OPEN FOR BOARDING. THERE WERE TWO SUBSEQUENT PAN AMERICAN FLIGHTS WHICH DEPARTED FRANKFURT BEFORE THE 1315 HOURS FLIGHT THE FOLLOWING DAY.

B-164709, AUG. 1, 1968

TO LIEUTENANT (JG) B. B. BENTON:

WE REFER TO YOUR LETTERS OF JUNE 20 AND JUNE 28, 1968, SER 438L54, WITH ENCLOSURES, TRANSMITTED HERE THROUGH THE COMPTROLLER OF THE NAVY REQUESTING OUR DECISION CONCERNING THE ENTITLEMENT OF MR. LOUIS O. FOERNSLER AND THREE OTHER CIVILIAN EMPLOYEES OF THE NAVY TO PER DIEM IN LIEU OF SUBSISTANCE FOR ONE DAY'S LAYOVER AT FRANKFURT, GERMANY, WHILE EN ROUTE BY AIR TRAVEL FROM LOURENCO MARQUES VIA JOHANNESBURG, SOUTH AFRICA, AND FRANKFURT TO NEW YORK, NEW YORK, IN MAY 1968.

THE FACTS GIVING RISE TO THE QUESTION ARE PRESENTED IN YOUR LETTER OF JUNE 28, AS FOLLOWS: "2. THE PROBLEM WHICH ARISES IS ENTITLEMENT TO A REST PERIOD DURING A LONG PERIOD OF TRAVEL. A DESCRIPTION OF THE CONFIRMED TRAVEL PERFORMED FROM LOURENCO MARQUES, MOZAMBIQUE TO FRANKFURT, GERMANY FOLLOWS:

5/16 1300 DEP LOURENCO MARQUES -- 1 HOUR 15 MINUTES

5/16 1415 ARR JOHANNESBURG -- 6 HOURS 15 MINUTES (AWAITING

CONNECTION FOR FRANKFURT)

5/16 2030 DEP JOHANNESBURG -- 17 HOURS 15 MINUTES

(INCLUDING A PLUS 1 HOUR - TIME

CHANGE)

5/17 1315 ARR FRANKFURT -- 24 HOURS (TRAVELERS' LAYOVER

WHICH IS UNDER CONSIDERATION)

5/18 1315 DEP FRANKFURT THE LENGTH OF TIME INDICATED BETWEEN JOHANNESBURG AND FRANKFURT DOES NOT REVEAL THAT THERE WERE THREE INTERMEDIATE STOPS OF 30 - 45 MINUTES EACH IN ORDER TO DISCHARGE AND PICK UP PASSENGERS, REFUEL, ETC. AND THUS AFFORDING THE TRAVELERS AN OPPORTUNITY TO STRETCH THEIR LEGS. IN ADDITION, THE ACTUAL LENGTH OF TRAVEL BETWEEN FRANKFURT AND NEW YORK IS ABOUT 9 HOURS 45 MINUTES. "3. THE FLIGHT FROM JOHANNESBURG TO FRANKFURT WAS DELAYED, BUT THE PILOT RADIOED AHEAD TO FRANKFURT AND PAN AMERICAN HELD UP THE CONNECTION FLIGHT TO NEW YORK (UNKNOWN TO THE GROUP IN QUESTION). AFTER ARRIVAL AT FRANKFURT AIRPORT, IT WAS APPROXIMATELY ONE HOUR BEFORE THE CONNECTION FLIGHT FOR NEW YORK WAS OPEN FOR BOARDING. ADDITIONALLY, THERE WERE TWO SUBSEQUENT PAN AMERICAN FLIGHTS WHICH DEPARTED FRANKFURT BEFORE THE 1315 HOURS FLIGHT THE FOLLOWING DAY, TO WHICH THE TRAVELERS CHANGED THEIR EXISTING CONFIRMED RESERVATIONS. THESE TWO SUBSEQUENT FLIGHTS WERE FLIGHT NO. 01 WHICH DEPARTED FRANKFURT AT 1500 AND FLIGHT NO. 101 WHICH DEPARTED FRANKFURT AT 0845 THE FOLLOWING MORNING. ALSO, THERE WAS A TWA FLIGHT NO. 703 WHICH DEPARTED FRANKFURT AT 0945 THE FOLLOWING MORNING WHICH COULD HAVE BEEN UTILIZED.'

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE NOT REGARDED BY OUR OFFICE AS REQUIRING THE PERFORMANCE OF OFFICIAL TRAVEL BY EMPLOYEES DURING PERIODS OF REST IF SLEEPING ACCOMMODATIONS ARE NOT AVAILABLE. SEE B- 128736, AUGUST 3, 1956, B-93158, MARCH 27, 1950; CF. B-135092, MARCH 10, 1958. COPIES OF THE CITED DECISIONS ARE ENCLOSED. HOWEVER, NO GENERAL RULE WITH RESPECT TO STOP OVERS FOR REST PERIODS ON LONG AIR FLIGHTS CAN BE PROMULGATED AND EACH CASE MUST BE DETERMINED ON ITS MERITS.

WE ASSUME FROM THE FACTS RELATED BY YOUR LETTER THAT THE ACCOMMODATIONS ABOARD THE AIRPLANE BETWEEN JOHANNESBURG AND FRANKFURT MAY HAVE BEEN SUCH THAT THE EMPLOYEES INVOLVED WERE UNABLE TO OBTAIN REASONABLE REST OR SLEEP WHILE EN ROUTE. IF SUCH BE THE CASE WE WOULD INTERPOSE NO OBJECTION TO THE ALLOWANCE OF PER DIEM TO PROVIDE FOR AN OVERNIGHT'S REST IN FRANKFURT.

WE NOTE FROM YOUR REMARKS THAT FLIGHT NO. 101 DEPARTED FRANKFURT FOR NEW YORK AT 8:45 A.M. ON MAY 18, 1968. HOWEVER, SINCE IT APPEARS FROM YOUR LETTER THAT THE EARLIER FLIGHT WOULD NOT HAVE ARRIVED IN NEW YORK UNTIL 6:30 P.M. -- THE FOURTH QUARTER OF THE DAY -- IT IS NOT APPARENT THAT THE GOVERNMENT WOULD HAVE BENEFITED FROM THE USE BY THE EMPLOYEES OF THE EARLIER FLIGHT.

THEREFORE, IF IT IS ADMINISTRATIVELY DETERMINED THAT THE ENTIRE JOURNEY WAS UNDER CONDITIONS SUFFICIENTLY ARDUOUS AS TO JUSTIFY THE LAYOVER AT FRANKFURT THE VOUCHERS WHICH ARE RETURNED HEREWITH MAY BE PAID.

Oct 29, 2020

Oct 28, 2020

Oct 27, 2020

  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
    B-419028

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