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B-202413 1 (1981-11-16)

handle is hein.gao/gaobadjwi0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECISION OF THE UNITED- STATES WASHINGTON, D.C. 20541 UNITEL FILE: B-202413- DATE: November 16, 1981 MATTER OF: Employee of Office of Dependents Schools - Medical Necessity for Use of Foreign Air Carr ier DIGEST: 1. Principal of Department of Defense (DOD) Dependents School in Hemer, Germany after consulting with physician and others determined that teacher should leave for United States as soon as pos- sible for medical reasons. He thus scheduled her to return to Boston, Massachusetts, on following day aboard foreign flag air carrier. U. S. air carriers, however, were available but would involve changing airlines and making connecting flights in either London or New York. Subsequently, DOD has certified Principal's action as necessary and in the best interest of the Government. Under these circum- stances use of foreign air carrier may be consideved as necessity of medical nature. 2. Determination that U. S. air carrier can neither serve agency's transportation needs nor accomplish its mission is to be made by agency and will not be ques- tioned by our Office unless it is arbi- trary or capricious. Since agency made such determination here, teacher may be reimbursed for flight on foreign flag carrier. This decision is in response to a request for an advance decision by the Per Diem, Travel and Transpor- tation Allowance Committee (PDTATAC) as to whether it would be legal to pay a claim for reimbursement of transportation expenses incurred by a former civilian employee (Employee) of the Department of Defense for a flight from Frankfurt, Germany, to Boston, Massachusetts on a foreign flag air carrier. The request has been assigned PDTATAC Control No. 81-23.

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