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B-193290 1 (1979-02-15)

handle is hein.gao/gaobadgyd0001 and id is 1 raw text is: h FILE: B-1 MATTER OF DIGEST: 0tLER ~ L',IT ~ 93290 THE COMPTROLLER GENERAL OF THE UNITED STATEB WASHINGTON, D. C. 20548 DATE: February 15,1979 Richard H. Howarth -JSiedical necessity for use of foreign air carrier1 No deduction from airfare is required under Fly America Act for .London to Washington portion of medical evacuation travel of State Department employee's wife from Rangoon to Washington. In view of the medical necessity involved, scheduling of her travel by foreign air carrier to reduce the number of connec- tions and possible delays was required to accomplish the agency's mission. 57 Comp. Gen. 519 (1978) distinguished. This decision responds to the appeal of Richard H. Howarth, who claims the amount of $535. 55 deducted by his employing agency, the Department of State, from air travel fare as a penalty for not using U. S. air carrier service. The travel was performed September 6 and 7, 1976, by Mr. Howarth's wife, who flew for medical treatment from Rangoon, Burma, to the Washington, D. C., area (Dulles Airport) via London, England. Our Claims Division disallowed the claim by its Settlement Certificate No. Z-2742492 of August 22, 1978. The issue is whether, under the Fly America Act, 49 U. S. C. 5 1517 (Supp. V, 1975) and implementing regulations, a U.S. air carrier was available in lieu of the foreign air carrier actually taken by Mrs. Howarth on the London to Washington portion of the trip. Our files show that a physician at the American Embassy, Rangoon, Burma, and medical specialists at Bangkok, Thailand, were unable to account for Mrs. Howarth's medical symptoms which appeared in August 1976. More thorough diagnostic pro- cedures in Washington, D. C., were recommended, and Mrs. Howarth's medical travel to Washington was authorized at Government expense. Had she taken U. S. air carriers for the entire trip, overnight stopovers would have been necessary and would have required her to travel with a personal attendant. For this reason and because of discomfort caused by her medical con- dition, Mrs. Howarth's travel was routed from Rangoon to London DECISION

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