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B-194779 1 (1980-08-05)

handle is hein.gao/gaobadiln0001 and id is 1 raw text is: MATTER OF: DIGEST: Colonel Nicholas S. Kotas - Fly America Act - Traveler's Liability Member who obtains passage aboard foreign air carrier for transoceanic flight when certificated U.S. car- rier is available, is in violation of Fly America Act and is personally liable for cost. The requirement to fly aboard certificated carriers is not a mere policy. The act is a mandatory statutory provision with respect to which Government travel- ers are deemed to be on notice. Traveler's preference or convenience does not determine availability. Moreover he has a duty to comply with the Act and he may not defeat its purpose and avoid liability by scheduling travel at his discretion. This action derives from an appeal of our Claims Division's Settlement Certificate, dated March 15, 1979 (Z-2809712) which denied the claim of Colonel Nicholas S. Kotas, a member of the United States Army. The claimant seeks reimbursement of air transportation expenses inci- dent-to his use of a foreign air carrier, from Frankfurt, Germany, to the United States during October 1977. We sustain the denial of Colonel Kotas' claim for the rea- sons stated below. The record shows that Colonel Kotas, accompanied by his wife, was assigned to a post as Defense Attache' in Sofia, Bulgaria. While there he received orders to report to a new duty station in the United States, where- upon he promptly began to make travel arrangements for himself and his wife. There were no military Transporta- tion Officers in Bulgaria from whom he could have received expert assistance or guidance in planning his travel. His orders contained no special travel instructions. Thus, it was clearly expected that Colonel Kotas would use his own initiative and resources to plan his travel from Bulgaria to the United States. FILE:R THE COMPTROLLER GENERAL DECISION ~2~4)OF THE UNITED STATESM 72 WASHINGTON, D. C. 20548 FILE: B-194779 AT Ags 2.

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