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B-199621 1 (1981-09-11)

handle is hein.gao/gaobadjsf0001 and id is 1 raw text is: 



DECISION





FILE: B-199621


THE COMP ROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D.C. 20548



      DATE:   September 11, 1981


MATTER OF: Byron L. Bartholf - Unauthorized mode of
            travel - private aircraft


DIGEST:


Employee of Forest Service who traveled
by privately owned airplane in lieu of
common carrier as an exercise of personal
preference is not entitled to reimburse-
ment on a constructive cost basis. Reim-
bursement was denied by agency based on
regional regulation prohibiting authoriza-
tion of travel by private aircraft for
safety reasons. The regulation is proper
under FTR para. 1-2.2d and is not arbitrary
or capricious.


     This is in response to a request for an advance deci-
sion from Mr. H. Larry Jordan, an authorized certifying of-
ficer, National Finance Center, United States Department of
Agriculture. The certifying officer has asked whether
Mr. Byron L. Bartholf, an employee of the Forest Service,
may be reimbursed for travel via a privately owned airplane.

     In connection with his duties as a Forest Engineer in
the Lassen National Forest, Region 5, Mr. Bartholf made
several trips within California, traveling in his own plane.
At issue are four vouchers relating to those trips. Use of
Mr. Bartholf's private airplane was post approved on three
of these vouchers, but they were never released by the Forest
Service to the National Finance Center for payment. The
fourth voucher was the subject of a claim submitted by
Mr. Bartholf to our Claims Group. Our Claims Group returned
the claim to the Forest Service which in turn forwarded it
to the National Finance Center. On each of the four vouchers
Mr. Bartholf has claimed the constructive cost of travel by
privately owned automobile since it was less than the $.24
per mile rate for the use of a privately owned aircraft.

     The Forest Service disallowed Mr. Bartholf's claim on
the basis of a Forest Service Region 5 regulation which
provides as follows:


5712-14 - Forest Service Employees Who Pilot
Aircraft on Official Business. Authority for
employees who are not hired as pilots to pilot


        /



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