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B-192841 1 (1979-02-05)

handle is hein.gao/gaobadgxf0001 and id is 1 raw text is: 



                               THE  COMPTROLLER GENERAL
   DECISION         ~7J        OF   THE UNITED STATES
                               WASHINGTON, 0. C. 20548




  FILE:   B-192841                    DATE:  February 5, 1979

  MATTER OF:       Tyrone Brown - Claim for Denied Boarding
                   Compensation

  DIGEST:   FCC Commissioner traveled abroad on official business,
            and, after delay for personal reasons, he was delayed
            when return flight was oversold. Penalty payment by
            airline must be paid to Government and not to traveler.
         41 Comp.Gen.&EL.-L96253) Furthermore, employees may
            not be reimbursed from private sources for expenses
            incurred incident to officia travel.
                                    671
     This action is in response to  request for a decision from
Wayne B. Leshe, an authorized c tifying officer of the Federal
Communications Commission (FCC), concerning the claim of
Commissioner Tyrone Brown for denied boarding compensation which
was paid to Commissioner Brown incident to his travel on official
business.

     The recori indicates that Commissioner Brown was authorized to
travel to Tokyo, Japan, to attend an International Communications
Summit Conference from May 22 through May 26, 1978. Commissioner
Brown's round trip airline ticket was purchased with a Government
Travel Request.  It appears that after Commissioner Brown completed
his official business he excused himself from official duty ana
remained in Japan the following week. On  June 3, 1978, Commissioner
Brown was denied boarding on a Pan American Airlines return flight
for which a reservation had been made, and he was paid boarding
compensation in the amount of $200.

     The FCC requested that Commissioner Brown remit the amount to
the G6vernment pursuant to Government reguaions which require that
sici compensation be paid directly to the Government. Commissioner
Brown has requested an oficiT  ruling since he states that he was
bumped on a Saturday, he traveled home on a Sunday, and it was he
and not the Government which was damaged in this instance.

     Under the provisions of the Federal Travel Regulations (FPMR 101-7)
(May 1973), para. 1-3.5b, penalty payments made by air carriers for
failing to furnish accommodations for confirmed reserved space are due
the Government, not the traveler, when the p -ynents-r-esult from travel
on official business.  See also FPMR 101-41, 41 C.F.R. 101-4     209-4
(1977).  This is a position which has long been held by our Office.

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