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B-196145 1 (1980-01-14)

handle is hein.gao/gaobadhwy0001 and id is 1 raw text is: 





DECISION





FILE: B-196145

MATTER OF:


DIGEST:


    0LLCR            1zS.
    0     7  THE  COMPTROLLER GENERAL
    *  X:.   OF   THE UNITED         STATES
             WASHINGTON, D.C. 20546




                    DATE:  January 14, 1980

Edmundo Rede, Jr. -Voluntary Payment to Employee
for Vacating Seat on Overbooked Airpland


Employee received $200 and free flight from airline
for vacating his seat on overbooked flight while on
official business. The Government receives the value
of the free flight but the employee may retain the
payment under certain circumstances. This case is
distinguishable from denied boarding compensation
which is due the Government.


      Mr. Oliver Kennedy, Assistant Comptroller of'the Army, has
  forwarded a letter to our Offic-e concerning the claim of Edmundo
-Rede,  Jr., Director, U.S. Army TRADOC Systems Analysis, White Sands
  Missile Range, New Mexico, for compensation which was paid to
  Mr. Rede-incident to travel on official business when he vacated
  his.seat on an overbooked flight.

      The record indicates that Mr. Rede was sent on temporary
 .duty (TDY) from El Paso, Texas, to Fort Sill, Oklahoma, on May 29,
 1979.  While he was sitting on the plane, a representative of
 -American Airlines boarded the plane and announced that the plane
 was  overbooked. The airline offered vclunteers $200 in cash and
 free  transportation if they left the plane and took another flight
 which was departing one and one-half hours later. Mr. Rede
 accepted this offer and received a check for $200 and a -redemp-
 tion  certificate which was issued to the United States Government.

      The Finance Officer at White Sands Missile Range determined
  that Mr. Rede was not entitled to the $200 and deducted that
  amount from his next paycheck. Mr. Rede states that he saved
  the Government the cost of the ticket by leaving the plane and that
  by leaving he incurred a personal hardship and was compensated by
  the airlines for it. Mr. Rede argues that it is unreasonable to
  penalize a person for voluntarily incurring a hardship that results
  in substantial savings to the Government. For the following reasons,
  Mr. Rede's claim is upheld.

       Federal Travel Regulations (FTR) state that penalty payments
  made by air carriers for failure to furnish accornmodations for


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