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B-198299 1 (1980-10-28)

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DECISION





FILE:   B-198299


      /  THE  COMPTROLLER GENERAL
         OF   THE UNITED STATES
         W ASHINGTON, D.C. 20548
C/NITEV


DATEOctober 28, 1980


MATTER OF: Charles E. Law


DIGEST:


Employee remained at his temporary duty (TDY)
station after the TDY was completed in order
to be with a fellow employee who, while also
assigned to the same TDY, had become ill and
required hospitalization. During the time the
employee remained at his TDY station he
incurred expenses for lodging, meals and
telephone calls to his and the injured employee's
family.  Employee may not be reimbursed for
these expenses since the decision to remain at
the TDY station was a personal choice not
connected with the performing or transacting of
official business and reimbursement of travel
expenses is confined to those expenses essential
to the transacting of official business.


       The issue is whether an employee may be reimbursed for
expenses he incurred as a result of remaining at his temporary
duty station with a fellow employee who, while also assigned to
the same temporary duty, had become seriously ill and required
hospitalization. Because the claimant's decision to stay with
his fellow employee was a personal choice, it may not be
considered as relating to the transacting or performing of
official business and the reimbursement claimed may not be made.

       The question, presented by letter of March 24, 1980, from
Mr. Charles E. Law, is raised upon appeal from our Claims
Division's settlement of March 19, 1980. Mr. Law's letter was
forwarded to our Office by letter of March 27, 1980, from
Ms. V.G. Leist, Authorized Certifying Officer, Internal Revenue
Service.

       The facts indicate that on June 6, 1979, Mr. Law, an
employee of the Internal Revenue Service, (IRS), and Mrs. Isabelle
Traurig, another IRS employee, arrived in Cleveland, Ohio, to
perform temporary duty. On Friday, June 8, 1979, while walking
to the Cleveland Federal Office Building, Mrs. Traurig collapsed


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