B-174753, FEB 18, 1972

B-174753, FEB 18, 1972

CIVILIAN PERSONNEL - REIMBURSEMENT OF TRAVEL EXPENSES - ENTITLEMENT - TERMINATION AFFIRMING PRIOR DENIAL OF A CLAIM OF JOHNNY G. ELKINS FOR REIMBURSEMENT OF TRAVEL EXPENSES INCIDENT TO THE TERMINATION OF HIS PERMANENT DUTY ASSIGNMENT. ALTHOUGH REIMBURSEMENT WAS PROPERLY ALLOWED FOR TERMINATION AT THE GOVERNMENT'S CONVENIENCE, NO AUTHORITY EXISTS FOR REIMBURSEMENT OF THE UNUSED PORTION OF CLAIMANT'S ROUND-TRIP TICKET, SINCE TRAVEL WAS MADE FOR PERSONAL REASONS. ACCORDINGLY, THE CLAIM IS DENIED.

TO MR. JOHNNY G. ELKINS:

WE REFER TO YOUR LETTER OF SEPTEMBER 2, 1971, REQUESTING RECONSIDERATION OF THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES ALLEGED TO BE DUE IN CONNECTION WITH YOUR PERFORMANCE OF TEMPORARY DUTY AT FISCHBACH, GERMANY.

THE RECORD SHOWS THAT YOU WERE GIVEN PERMISSION TO TRAVEL FROM YOUR TEMPORARY DUTY STATION TO YOUR HOME IN THE UNITED STATES FOR THE CHRISTMAS HOLIDAYS. THIS TRAVEL WAS TO BE AT YOUR OWN EXPENSE. YOU LEFT GERMANY ON DECEMBER 22, 1969, AND PLANNED TO RETURN ON JANUARY 4, 1970. FOR THE PURPOSES OF THIS TRAVEL, YOU PURCHASED A ROUND-TRIP TICKET FOR $210. AFTER ARRIVING IN THE UNITED STATES, YOUR TEMPORARY DUTY ASSIGNMENT WAS TERMINATED AND YOU DID NOT RETURN TO GERMANY. YOU WERE SUBSEQUENTLY REIMBURSED FOR THE COST OF YOUR RETURN TRIP. THE EXPENSES FOR WHICH YOU WERE REIMBURSED INCLUDED $60 FOR THE ACTUAL COST OF FARE FROM FRANKFURT, GERMANY, TO NEW YORK, NEW YORK; $43 FOR THE COST OF FARE FROM NEW YORK, NEW YORK, TO THE GREATER CINCINNATI AIRPORT, ERLANGER, KENTUCKY; AND $26.60 FOR MILEAGE ALLOWANCE FROM THE AIRPORT TO YOUR RESIDENCE IN BOONEVILLE, KENTUCKY.

YOU CLAIMED ADDITIONAL REIMBURSEMENT BECAUSE YOU COULD NOT OBTAIN A REFUND ON THE TICKET FOR THE SPECIAL CHARTER FLIGHT FROM NEW YORK, NEW YORK, TO FRANKFURT, GERMANY.

WE DO NOT UNDERSTAND WHY YOU WOULD NOT BE ENTITLED TO A REFUND FROM THE AIRLINE FOR THE RETURN FLIGHT FROM THE GREATER CINCINNATI AIRPORT TO NEW YORK, SINCE ANY ROUND-TRIP TICKET BETWEEN THOSE POINTS WAS NO DOUBT PURCHASED AT THE USUAL COMMERCIAL RATES.

IN ANY EVENT WE FIND NO BASIS WHEREBY YOU WOULD BE ENTITLED TO REIMBURSEMENT OF ANY AMOUNT THAT YOU WERE UNABLE TO COLLECT FROM THE AIRLINE. THIS IS SO BECAUSE THE TRIP BACK TO YOUR HOME WAS MADE FOR PERSONAL REASONS. WHILE REIMBURSEMENT FOR YOUR TRAVEL EXPENSES TO THE UNITED STATES APPARENTLY WAS AUTHORIZED BY REASON OF THE TERMINATION OF YOUR TEMPORARY DUTY ASSIGNMENT FOR THE CONVENIENCE OF THE GOVERNMENT, THERE IS NO AUTHORITY FOR ADDITIONAL REIMBURSEMENT FOR THE COST OF THE UNUSED PORTION OF YOUR ROUND-TRIP TICKET.

ACCORDINGLY, OUR CLAIMS DIVISION ACTION IN DISALLOWING YOUR CLAIM IS AFFIRMED.