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B-205455 1 (1982-09-23)

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FILE: 3B2O5455

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    4'H aCOMPTROLLER OGNEtRAL
             OF THU UNITEf SETATEIM
             WAUHINGTON, 0. .10040



                    DATE: September 23, 1982

Staff Sergeant John Osterma, USA
          .0


Army member who was prevented from using available
Hilitary Airlift Command aircraft on emergency leave
becase his authorizing orders were incorrectly
issued may not 5e reimbursed the cost he paid for
commercial travel. The enabling regulation created
only an elixibility for military air transportation
In kind and not an entitlement to reimbursement for
air transportation in general. Therefore, there Is
rso authority to allow the claim for the cost of a
commercial carrier.


     The question In this case is whether Staff Sergeant Jconn Osterman,
USA, may be reimbursed the coat of commercial aircraft travel he used
for emergency leave when he was prevented by the Air Force from using
available Mliltary Airl.Itt Commend aircraft. Even though 3firgeaat
Osterman had orders autht.rizing his cravel on military aircraft, he
was prevented from boarding because his orders were :icorrectly L isued.
lie may not be reimbursed rhe cost of. the comm'ircia) aircraft since the
nature of his eligibility to use ailitary aircraft created nu e: t .tlercat
to any other form of reimbursement.

     The Finance and Accounting O(ffcer at lieadquazterR, United Stats
Army Infantry Cen.er, Fort Bunning, Georgia, presented the question,
which was assigned contl! numbcr 82-2 by the Per Diem, Travel and
Transportation Allowance Commttee.

     On August 16, 19C.1, Sergeant Ostermnn received notice that his
father had died in Puerto Rico. That day his request for emergency
leave was approved, he received orders authorizing travel on Hilitary
Airlift Command aircraft at Govornment expensa, and he departed from
hia duty station, Fort Benning, Georgia, for Puerto Rico. When he
arrived at Charleston Air Force Base, South Carolina, in ord, r to
board the military   ..rcraft that was available to Puerto Rico, he was
denied boarding because his name was orntcted from the authorizing
orders, even though he displayed an emergency leave form which did
contain hid name.

     The Red Cross provided money for Sergeant Osterman to purchase
a ticket on commercial aircraft to Puerto Rico from Charleston, and
he departed the night of the 16th. Since Sergeant Osterman's
orders were not corrected while he was on emergency leave, the


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