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B-203625 1 (1982-02-22)

handle is hein.gao/gaobadkby0001 and id is 1 raw text is: DECISONTHE COMPTMOI1vLUR GERNERAL. 0: MDEClION 10P TH1 UNIT if TATES _:T WASHINGTON, D, , 201548 FILEI B,203625 DATE; rebi_7uary 22, 1982 MATTER OF: Staff Sergeant Juan H, Ovalle, USA OtWLGBT: Vervice member who 't-vels overseas on a-'foreign air carrier when service by a United States gir'carrier lo available, in violation of the Fly America Act, is, personally liable for the air fare oven though he may have been ignorant -of the Act and mieunderscood terminology in his travel orders directing the use of United States air carriers, Staff Vlergeqnt- Juan H, Ovalle, USA' appeals otir Claims Group's denial of his claim-for reimbursement for-overseas travel on a. for- eign air carr'ier, -AThe issue in this case is whethei Sergeant Ovalle may be reimbu'rsed for travel on a foreign air carrie . in violation of the Fly Am~rica Act because he was ignorant of the Act and did not understand the direction in his travel orders to use United States air carriers. The requirement for uve of United States air carriers when they are available is imposed directly by statute, and all persons.-are charged with knowledge of it, Its application is mandatory and may not be waived, Therefore, reimbursement may not be allowed, Sergeant Ovalle reenlis-ed in the Army in California in June.1980 and was assignad to the Republic of South Korea in July 1980, IHis travel orders stat.ed Authority is granted to fly at personal expense by commercial (US'.FLAG) carrier,- le paid $347 for a ticket to Seoul, Korea, on Japan iilines, a foreign.air carrier, and was denied reim- bursement by the Army. Sergeanti0valle does not.claim that United States air catriers were not available, nor does he claim that his use of a foreign air carrier can be-justified as a matter of necessity or governmental agroement. These are the exceptions which- apply to the statutory requirements that Uni.ed-States flag (certificated) air carriers be-used for transpbrtatiodn4hich is to be paid for by Gov- ernment funds, See uection1117 of '-he Federal. A iation Act of 1958, as added by Public LaW 93-623,.JanuarV 3 .1975v 88 Stat, 2104, and amended by.section 21'o the International Air Transportation Competition Act-of 1979, Public' Law 96-192, 94 Stat,-at 43-44, 49 US.C. § 1517, commonly known as the Fly America Act. Sergeant Ovalle claims that he wasr0t ,ware of the Fly America Act and that he was not aware that the term US FLAG on his travel orders restricted his choice of commercial air carriers to United States air carriers, lie also states that he was not counseled about the meaning..of the terminology or about the Act's require- ments before he made his travel arrangements.

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