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B-209957 1 (1983-07-06)

handle is hein.gao/gaobadleg0001 and id is 1 raw text is: YHE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-209957 DATE: July 6, 1983 MATTER OF: Nelson P. Fordham DIGEST: Employee of the Navy en route from temporary duty overseas selected a particular schedule for the purpose of taking leave along a usually traveled route. He used a foreign air carrier for one leg of his travel even though he could have used Military Airlift Command (MAC) char- tered air service for travel from his place of origin to the United States. Since MAC full plane charter services need not be considered as available U.S. air carrier under the Fly America Act his use of a foreign air carrier may be justified in the usual manner using only available commercial flights. However, under his travel order and applicable regulation reimbursement for return travel is limited to the constructive MAC cost. Mr. Nelson P. Fordham, an employee of the Navy, appeals our Claims Group's denial of reimbursement for overseas travel on a foreign air carrier when returning to the United States after performing temporary duty. Mr. Fordham claims that there were no U.S. air carriers available along a part of the return route he selected and that his use of the foreign air carrier for a part of the return route was justified. Although under the rules applied pursuant to the Fly America Act, 49 U.S.C. § 1517, we find that a U.S. air carrier was not available along the usually traveled route used by Mr. Fordham, he is not entitled to further reimbursement because the limit on reimbursement imposed by the Navy resulted from his use of commercial rather than Military Airlift Command service. Mr. Fordham performed temporary duty in Rota, Spain, in the summer of 1979. His travel orders indi- cated that both commercial and Government air were au- thorized and considered advantageous to the Government, and he was issued a commercial round-trip ticket for the travel involved. However, while Mr. Fordham was in Rota, he was ordered to proceed to Naples, Italy, to perform additional temporary duty. Before his temporary duty in DECISION FILE: P4Z. (0 1

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