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B-224590 1 (1986-11-10)

handle is hein.gao/gaobadmnu0001 and id is 1 raw text is: / -'fL The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: .-Omar J. Norris File: B-224590 Date: November 10, 1986 DIGEST An employee is not entitled to retain liquidated damages (denied boarding compensation) paid to him by a commercial airline for the inconvenience and delay resulting from denial of a reserved seat for official travel. Such compensation belongs to the Government. DECISION. In this decision, we hold that Mr. Omar J. Norris, a former* civilian employee of the Army, was not entitled to a $400 denied boarding compensation he received as a penalty payment from a commercial airline because of its failure to provide him reserved passenger space while he was on official Government travel. The denied boarding compensation was properly retained by his employing office as money belonging to the Government. BACKGROUND On March 10, 1983, Mr. Norris had airline reservations to travel on official business from Huntsville, Alabama, to Las Vegas, Nevada. The airline, however, had sold more tickets than there were seats (over booking). Mr. Norris was involuntarily denied boarding and had to take a later flight. In accordance with regulatory requirements, the airline paid him the $400 denied boarding compensation as liquidated damages for the inconvenience and delay. He transferred this payment to his employing office as required under travel regulations. Thereafter he filed claims with the Army and our Claims Group for refund of the payment to him. He now asks the Comptroller General to reconsider the Claims Group's disallowance in its settlement certificate Z-2853857, May 28, 1986. ANALYSIS AND CONCLUSION The Federal Travel Regulations, para. 1-3.5b (Supp. 4, Aug. 23, 1982), incorp. by ref., 41 C.F.R. § 101-7.003 (1983), state: 037 3/.X&3.

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