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B-209764 1 (1983-03-22)

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                        THE COMPTROLLER GENERAL
  OECISION          . o        THE UNITED      STATES
                  o  ~    WASHINGTON. 0. C. 205483
                  UITEO


  FILE:   B-209764              DATE: March 22, 1983

  MATTER OF:     John F. Clarke - Actual Subsistence
                 Expenses
 DIGEST:


        An employee who was returning from
        temporary duty remained overnight in San
        Francisco, a high rate geographical area
        (HRGA), when his connecting flight home
        was cancelled. Although the Federal
        Travel Regulations (FTR) normally preclude
        reimbursement for actual subsistence
        expenses where the HRGA is only an en
        route or stopover point and no official
        business is performed, this employee may
        be reimbursed for actual expenses due to
        the unusual circumstances of the travel.
        See FTR para. 1-8.1c.

     The issue presented is whether an employee, who
remains overnight in a high rate geographical area because
his return flight is cancelled, may be reimbursed for actual
subsistence expenses in lieu of per diem. We hold that the
employee may be reimbursed actual subsistence expenses due
to the unusual circumstances of the travel.

     This decision responds to a request from Mr. V. Joseph
Startari, Authorized Certifying Officer, Department of
Energy (DOE), concerning the claim of Mr. John F. Clarke, a
DOE employee, for reimbursement of actual expenses incurred
during a layover in San Francisco.

     Mr. Clarke was returning from temporary duty in Japan
to his headquarters in Washington, D.C., when, upon landing
in San Francisco, he was informed that his flight to
Washington, D.C., had been cancelled. Although no other
flights were available immediately, Mr. Clarke waited until
4:30 p.m. for one to be scheduled. At that point, he
decided to remain overnight in San Francisco and proceed to
Washington, D.C. the following morning. Notwithstanding the
designation of San Francisco as a high rate geographical
(HRGA), the Department of Energy reimbursed Mr. Clarke on a

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