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B-185465 1 (1979-08-10)

handle is hein.gao/gaobadhnb0001 and id is 1 raw text is: 

Y


DECISION





FILE:  B-185465


     THEL                      /if R G1/
            THE  COMPTROLLER GENERAL
.         .OF THE UNITED STATES
o  KK.  WASHINGTON.  c.  2os4e

   UNITEDT                 ut.


                   ELATTE:August 10, 15799


MATTER OF: Master Serge t Frederick L. King, USAF, Retired


DIGEST: An armed forces memberts dependents   traveled
            by foreign air carrierin 1974. Although the
            expense of the travel would have been fully
            refundable by the Government of Iran if paid
            by the United States Government, a claim for
            the use of the foreign carrier from the member
            may not be allowed since the travel predated
            enactment of the Fly America Act, Public
            Law 93-623, under which it would now be allowed.
            Travel on a foreign air carrier in 1974 was pre-
            cluded by the law and regulations then in effect
            under which it was held in B-185465, May 7, 1976,
            payment was not authorized regardless of whether
            the United States would be reimbursed by a
            foreign government.

     This is in response to a r ques for reconsideration of our
decision B-185465, May 7, 197 ic.   .sustained the disallowance of
a claim of Master Sergeant F derick L. King, USAF, for reimburse-
ment for travel of his depe dents from Japan to Iran by commercial
foreign air carrier incid t to his permanent change of station
(PCS).  Upon reconsidera ion, the May 15-7 1976 decision is affirmed
because under the regu tions in effect at the time of travel the
use of foreign flag a' carriers was probibited fox the travel at
Government expense o member's dependents.

     The reconsideration is based on a letter dated June 21,. 1979,
from the Chief, Traffic Management Division,. Directorate of Trans-
portation, Headquarters United States Air Force, forwarding an
April 20, 1979 letter from Sergeant King.

     At the time of the travel, September 7, 1974, the use of a
commercial foreign air carrier by uniformed service personnel and
their dependents was clearly prohibited by paragraphs M2150 and
M7000 of Volume 1, Joint Travel Regulations (1 JTR), in the
absence of an official determination that the travel involved
could not have been performed on an aircraft registered under
the laws of the United States.


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