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B-181573 1 (1975-02-27)

handle is hein.gao/gaobadced0001 and id is 1 raw text is: 


Jo                                 THE  COMPTRC..LER GENERAL
      oEnISI    oNr               OF   THE    UNITED      STATE3
                                   WASHINGTON, D.C. 20549




      FILE:B-181573                      DATE:      FEB  2 7 1975

      MATTER OF:
                   James C. Myers - Relocation travel of dependents.

      DIGEST:  1.  No authority exists for payment of additional per
               diem for dependents of National Oceanic and Atmospheric
               Administration employee for period of hospitalization
               of employee's wife during separate travel incident to
               permanent change of station, since entitlement is limited
               to constructive cost of direct travel.
               2.  Where wife of National Oceanic and Atmospheric Admin-
               istration employee performed first portion of permanent-
               change-of-station travel by privately owned vehicle, reim-
               bursement was properly based upon mileage for this portion
               rather than higher cost of commercial travel, since
               constructive cost of direct travel represents upper limit
               on Government's liability and is to be reduced if actual
               travel is accomplished for less.

           This action concerns an appeal by Mr. James C. Myers from our
      Transportation and Claims Division's settlement, dated Harch 29, 1973,
      of his claim for additional per diem for his wife and children while
      traveling in June 1971, incident to his permanent-change-of-station
      move from Cape Hatteras, North Carolina, to Garden City, Kansas.
      Mr. Myers is an enployee of the National Oceanic and Atmospheric Admin-
      istration, Department of Commerce.

           Travel was authorized by Travel Order No. Tl-TFC-0796, dated
      April 6, 1971. Pursuant to this order, Mr. Myers performed his travel
      in April 1971, with his wife and two children (then ages 8 and 11)
      scheduled to follow in June upon expiration of the school term.
      Mrs. Myers, then 4 months pregnant, departed Cape Hatteras by privately
      owned vehicle with the children at 11 a.m. on June 4, arriving at
      Norfolk, Virginia, at 2 p.m., a distance of approximately 150 miles.
      They left Jorfolk by commercial air carrier at 3:20 p.m. on the same
      day, and arrived at Indianapolis, Indiana, a scheduled stop, later
      that evening. Mrs. Myers became ill at Indianapolis, was hospitalized,
      and suffered a miscarriage. She was hospitalized from June 7 to
      June 13. She was advised by her doctor not to travel for at least a
      week and she did not resume travel until June 22, at which time she
      and the children proceeded to Garden City by air.

          After National Oceanic and Atmospheric Administration (NOAA) paid
      certain allowable expenses on his original voucher, Mr. Myers submitted


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