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B-241871 1 (1991-04-25)

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Decision


Matter of: Stephen G, Burns - Constructive Cost of Travel

            When Annual Leave is Taken

File:       B-241871

Date:       April 25, 1991


D5IGEST

An employee was authorized round-trip air travel by premium
class, but he did not return by premium class since he had
scheduled annual leave in advance, The employee is riot
entitled to credit for the premium-class travel for the return
trip for purposes of establishing constructive cost since his
scheduled annual leave removed the justification for premium-
class travel on the return trip.


DEC18ION

Mr. William C, Parler, General Counsel of the Nuclear
Regulatory Commission (NRC), requests our decision on the
proper basis for computing the constructive cost of an
employee's return travel when annual leave was taken during an
overseas trip. For the following reasons, we conclude that
the employee is not entitled to credit for the constructive
cost of the authorized premium-class travel for the return
trip.

BACKGROUND

In September 1990, \Stephen G. Burns, the Exeutive Assistant
to the Chairman, NRC, accompanied the Chairman on official
travel to Vienna, Adstria, and Budapest, Hungary, to attend
the general conference of the International Atomic Energy
Agency and to meet with officials of the Government of
Hungary. However, Mr. Burns did not travel with the Chairman
back to Washington, D.C., from Budapest because he took 3 days
of scheduled annual leave at the completion of'the official
bdsiness in Budapest.  Instead he returned to Vienna prior to
traveling back from there to Washington, D.C., by economy
class.

The 'Chairman may authorize the use of premium-class travel by
NRC employees, and Mr. Burns was authorized by the Chairman to
fly.round-trip premium class for security purposes arid in
order to conduct business en route since he was to accompany

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