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B-181344 1 (1975-02-12)

handle is hein.gao/gaobadcff0001 and id is 1 raw text is: 4'. DECISION .7 FILE: B-181344 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE: F DATE:FEB 1 21975 Mr. Marvin W. Shoaf - Per Diem for Delays in Separation Travel Employee of Department of Army who had suffered heart attack and was authorized surface transportation for separation travel from Korea to Indiana based on doctor's recommendation in accordance with JTR, and who incurred delays as result of administrative oversight by Army, including 9-day delay in San Francisco awaiting arrival of automobile being shipped from Korea, is entitled to per diem for periods of delay since delays, in circumstances presented, are not deemed for traveler's personal convenience so as to destroy entitlement. By letter of Indiana, appealed November 6, 1973, separation travel as an employee of March 26, 1974, Mr. 11arvin W. Shoaf, La Porte, that part of our Transportation and Claims Division's settlement of his claim for per diem relating to performed from Pusan, Korea, to Peru, Indiana, the Department of the Army. The record indicates that on November 17, 1970, while employed as Harbor Tug Master at Pusan, Mr. Shoaf suffered a severe heart attack (acute evocardial infarction). Ile subsequently applied for, and was granted, disability retirement effective April 2, 1971. Travel Order humber LO-6-257, issued on June 23, 1971, authorized surface transportation for Mr. Shoaf's return to his place of resi- dence in the United States, based on the recommendation of the physician who had treated hira during the 9 months following his attack. The physician had cautioned that the atmospheric changes associated with air travel could have adverse effects on 1r. Shoaf's heart condition. The travel order also authorized concurrent travel for i'ir. hod's wife anid four inor children. The authorization for surface transportation was granted pur- suant to 2 Joint Travel Regulations para. C6001-4g (Change 39, September 1, 1968, as amended, para. C6001-4h, Change 105, July 1, 1974). The version in effect during the times herein pertinent is set forth below: g. Medical Reasons Precluding Air Travel. An employee will not be required to travel by air if such

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