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B-192548 1 (1979-11-23)

handle is hein.gao/gaobadhta0001 and id is 1 raw text is: 
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                          THE  COMPTROLLER GENERAL
DECISION .                OF   THE   UNITED STATES
                          WASHINGTON, D. C. 20548
                                 (e  -  .           .
        4                     r


B-192548


MATTER   OF:  Geoffrey Arn - Fly America Act


Where employee's wife could have traveled by
U.S. air carrier directly from Boston to Paris
from home leave, but instead accompanied him
on temporary duty assignment in London en route,
employee is liable for Fly America Act penalty
based on wife's use of foreign air carrier ser-
vice between London and Paris. Employee's de-
cision to have wife accompany him on temporary
duty was a matter of his personal preference and
does not justify her travel by foreign air carrier.
B-192548, April 18, 1979, affirmed.


   Mr.  Geoffrey Arn, an employee of the Drug Enforcementh6C1O
Administration, has asked that we reconsider our decision,
B-192548, April 18, 1979, insofar as it concerns his wife's
return travel from home leave in San Francisco by way of London.
That decision involved the question of whether Mrs. Arn's travel
from London to Paris violated the Fly America Act, 49 U. S. C.
§ 1517.

    Because their home leave trip predated our holding in Matter
of Michael A. Sulak, 57 Comp. Gen. 76 (1977), Mr. Arn was not
penalized for routing their travel to San Francisco by way of
London, even though selection of London as a rest stop en route
resulted in a reduction in U. S. air carrier revenues. However,
for the reasons set forth in the following excerpt from that decision,
Mr. Arn was assessed a penalty for his wife's return travel by
way of London:

         Although Mr. Arn's stopover in London incident
   to his return travel was for the purpose of performing tem-
   porary duty, his wife's travel appears to have been routed
   by way of London for personal reasons. Since she took a rest
   stop in Boston en route from San Francisco, her stopover in
   London cannot be viewed as a rest stop. Mrs. Arn could
   have traveled directly from Boston to Paris aboard a U. S.
   air carrier. Therefore, the air fare that may be reimbursed
   in connection with her return travel is required to be reduced
   by $64, the penalty determined in accordance with the proration
   formula set forth in 56 Comp. Gen. 209 (1977).


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LJA 1 =: Bovember 23, 1979


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