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B-208340 1 (1982-11-29)

handle is hein.gao/gaobadktb0001 and id is 1 raw text is: I              /
    SC, s~' ' ~


DECIBION


THEN COMPTROLLER GENERA.
OF THE UNITED STATEU
WABHINGTON,  0.0. 21005410


V   --
  j j.tj i~


FILE: B-208340


DATE: November 29, 1962


MATTER OF:


D1GEC3T:


Malcolm


H. Churchill


Dependents' trav
on a foreign air
grandparents en
United States co
that caused loss
carriers availab
home leave desti
Fly America Act,
is not authorize
ing relatives, b
use of foreign a
cannot be justif
travel by U.S. a
with the accompl


. mission,


el from Australia to Manila
carrier to visit ailing
route to home leave in the
nstitutes indirect travel
of revenue for U,S, air
le on a direct route to the
nation in violation of the
  Because home leave travel
d for the purpose of visit-
ut for ru-Americanization,
ir carrier by way of Manila
ied on the basis that direct
ir carrier would interfere
ishment of an essential


     Malcolw H. Churchill, an employee in the foreign
service of the Department of State, appeals our Claims
Group'f denial of reimbursement for dependent travel
from Australia to the Philippines on a foreign air car-
rier in connection with his family's travel on home
leave.  The question in this case is whether expendi-
tures for foreign air carrier transportation must be
disallowed under 49 U.S.C. 1517 (Fly America Act)
where U.S. air carrier service was available by direct
route and where the indirect travel that resulted in
the use of a foreign air carrier was for the purpose of
enabling the employee's children to visit their ailing
grandparents en route to their home leave destination
in the United States.   Since home leave travel is not
specifically authorized for the purpose of visiting
relatives, the dependents' travel by way of the
Philippi0n must be regarded as travel by indirect
route.   Their travel, therefore, was correctly found
to have been in violation of the Fly America Act.


     Pursuant to a travel
leave in  :ombination with
Australia, to Washington,
son and daughter from Can
grandparents !ho were in


authorization granting home
a transfer from Canberra,
D. C, , Mr. Churchill sent his
berra to Manila to visit their
poor health.  Front Manila the

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