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B-191588(MRV) 1 (1979-04-24)

handle is hein.gao/gaobacupc0001 and id is 1 raw text is: 


                                                                    876
               COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON. D.C. 20548        C


B-191588 (MRV)
                                            APR 24 1979


The Honorable John C. Danforth
United States Senator
Railway Exchange Building,  1867
611. Olive Street
St. Louis, Missouri   63101

Dear Senator Danforth:

     Further reference is made to your letter of March 26,  1979,
addressed to Mr. Daniel P. Leary, Director, Claims Division, con-
cerning the claim of                     for reimbursement of
certain travel expenses.  In light of the additional information
provided by your constituent, you request that we review our prior
decision B-191588, January 2,  1979, which allowed in part and denied
in part            claim for reimbursement of travel expenses and
restoration of annual leave.

     In response to a request for an advance decision from a
certifying officer of the Internal Revenue Service, our Office
held in decision B-191588 that          was entitled to reimburse-
ment of certain travel expenses and recredit of annual leave where
he was ordered by his agency to return from a.vacation point to
appear as a witness .in a criminal trial. However, we also held that
there was no authority to reimburse          for his wife's travel
expenses or for the value of his lost vacation, and we  found no
basis upon which to allow recredit for any  additional hours of
annual leave.

     The additional information provided by          consists of
three documents,  two memoranda written by Mr. Orlin M. Kompelien
and an affidavit  signed by           1With regard to the memoranda
written by Mr. Kompelien, we must point out  that these documents
were  forwarded to our Office by the certifying officer and were a
part of the record before us in  the preparation of our decision.

     -The remaining document 'provided by         is his affidavit
stating that he was  first notified on May 12, 1977, that a trial had
been  scheduled.  In our decision B-191588 we did question whether it
was unforPgPnn  that         would be  called to testify in court and
whether          was  actually notified of the trial date prior to
May  12, 1977. However, we  resolved these doubts in favor of the
employee by permitting  rei-harsoment of his return travel expenses.
We do not believe  that Mr.        affidavit provides a basis to


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