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B-195908 1 (1981-01-22)

handle is hein.gao/gaobadiun0001 and id is 1 raw text is: THE COMPTROLLERGERA DECISION J~.OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-195908 MATTER OF: DIGEST: DATE: January 22, 1981 Frederick Benedict - Eomputation of con- structive travel entitlements Employee, who traveled by privately owned vehicle on temporary duty for his personal convenience, requests that his constructive travel entitle- ments be increased by the amount of per diem he would have received if he had traveled by common carrier. Employee's constructive travel was properly computed by using actual expense method for time he would have spent traveling by airplane. His travel orders provided for actual expense and his agency computed con- structive travel properly since it is unlikely that employee would have incurred additional expenses while traveling by airplane. Mr. Frederick Benedict appeals the settlement of our Claims Group denying his claim for per diem for his constructive traveltime. Mr. Benedict, an employee of the Federal Aviation Administration, at Fremont, California, was ordered to Washington, D.C., for temporary duty on August 15 and 16, 1974. Mr. Benedict's travel orders authorized actual subsistence expenses not to exceed $35 per day and also stated that travel by privately owned conveyance was for the employee's personal preference. The travel orders specifically limited reimbursement for travel to constructive air time and costs. Pursuant to this temporary duty assignment, Mr. Benedict claimed, among other items, per diem for time that he would have spent traveling by airplane to Washington, D.C., based on a constructive travel schedule. The Federal Aviation Administration denied Mr. Benedict's claim on the basis that his travel orders authorized actual subsistence expenses, not per diem, and computed his constructive entitlement by using the actual subsistence expense method. I iq III

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