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B-197049 1 (1980-04-01)

handle is hein.gao/gaobadjbj0001 and id is 1 raw text is: - - a DECISION /330) THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-19704 - DATE: April 01, 1980 MATTER OF: James W. Austin, Jr. LPOV Travel for Personal Convenience DIGEST: Reimbursement of temporary duty travel by POV was properly limited to constructive travel cost by commercial air, including per diem, since there was no abuse of discretion in determining that POV travel was for convenience of the employee. Employee did not obtain medical certificate prescribed by para. C2001-4 of the JTR to warrant a determination that employee's aversion to flying made POV travel advan- tageous to the Government. Excess POV travel time required charge to annual leave and did not justify overtime pay. Mr. James W. Austin, Jr., a civilian employee of the U.S. Army Corps of Engineers, requests reconsideration of his claim for addi- tional travel reimbursement based upon his use of a privately owned vehicle (POV), overtime compensation for hours spent traveling, and recredit of annual leave charged because of excessive travel time. Our Claims Division disallowed the claim by settlement certificate Z-2815308, November 9, 1979. The primary issue is whether, without a medical certificate proving that flying was inimical to his health, he is entitled to additional allowances because POV travel was advantageous to the Government. Mr. Austin's employing agency determined that five temporary duty trips he took during fiscal year 1978 should be by POV travel for the convenience of the employee rather than the advantage of the Government, cost and other factors considered. Consequently, reim- bursement for POV was limited to the constructive cost of commercial air travel and per diem .as prescribed by paragraph C2152 of the Joint Travel Regulations (JTR). Travel officials have broad discretion to determine that commercial air travel is the most advantageous to the Government and that POV travel is for the convenience of the employee. 56 Comp. Gen. 865 (1977). There is no evidence that such determination in Mr. Austin's case was an abuse of discretion and that reimbursement should be other than for the constructive cost of commercial air travel, including per diem. 1111r%

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