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B-209957 1 (1984-06-01)

handle is hein.gao/gaobadlsu0001 and id is 1 raw text is: TECOMPTROLLER GENERAL OECISION ( . OF THE UNITEO STATES 9X~b4EUHINGTON. . C. 054U FILE: B-209957 DATE: June is, l9ft MATTER OF: Nelson P. Fordham DIGEST: Employee of the Navy used a foreign air carrier on a particular routing for one leg of his return travel from temporary duty overseas even though he could have used Military Airlift Command (MAC) chartered air service on another routing to the United States. Since MAC full plane charter services need not be con- sidered as available U.S. air carrier under the Fly America Act and since the employee's use of a foreign air carrier was justified in the usual manner using only available commercial flights, no penalty for using foreign air carrier was appropriate. However, under applicable regulation reimbursement for return travel is limited to the constructive MAC cost. Upon reconsideration since new evidence showed that a penalty had been assessed an appropriate payment may be allowed to reimburse .lhe employee's costs up to constructive MAC cost. The claimant requests reconsideration of our decision of July 6, 1983, Nelson P. Fordham, 62 Comp. Gen. 512 (1983). We affirm the rule stated in that decision, but, based upon additional information provided by the Navy, we find that an additional payment of $48.20 is due Mr. Fordham. BACKGROUND As stated in Nelson P. Fordham, 62 Comp. Gen. 512, the facts involved are: Mr. Fordham performed temporary duty in Rota, Spain, in the summer of 1979. His travel orders indicated that both commercial and Government air were authorized and con- sidered advantageous to the Government, and he was issued a commercial round-trip ticket D0cYoL4

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