Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                         _____________________

 

                             July 13, 2001

                         _____________________

 

 

                            GSBCA 15533-TRAV

 

 

                  In the Matter of RICHARD C. MUTZMAN

 

 

        Richard C. Mutzman, Englewood, OH, Claimant.

 

        Charles  N. Stockwell, Travel and Vendor Pay Branch, Defense

   Finance   and  Accounting  Service,  Denver,  CO,  appearing  for

   Department of Defense.

 

   NEILL, Board Judge.

 

        Claimant, Mr. Richard C. Mutzman, is a  civilian employee of

   the United States Air Force.   In August 2000, while assigned  to

   Wright-Patterson Air Force Base in  Ohio, he was issued orders to

   attend a training  course at Fort Belvoir, Virginia.   For travel

   during the course  of his  training, he  purchased three  airline

   tickets for  which his  agency refuses to  reimburse him.   These

   tickets were purchased  commercially rather than from  a military

   commercial travel office (CTO).  The cost of the tickets comes to

   a total of  $485.  Mr. Mutzman  asks that we review  the agency's

   denial of his claim.

 

        The agency bases its refusal to reimburse claimant for these

   tickets upon section C2207-A.1 (Aug. 1, 2000) of the Joint Travel

   Regulations (JTR) of the  Department of Defense (DoD).   Pursuant

   to   this  section,  employees   are  required  to   make  travel

   arrangements using a CTO, an in-house travel office, or a General

   Services Administration travel management center.  This provision

   contains  some exceptions  to the  general rule,  but none  apply

   here.   As a civilian employee of DoD,  Mr. Mutzman is subject to

   the JTR. 

 

        In  the past  we have  noted in  similar cases  that section

   C2207-A.1 of the JTR does not explain  how failure on the part of

   an employee  to make travel  arrangements using one of  the three

   types of offices  identified in the provision affects  the amount

   reimbursed.   The  Federal Travel  Regulation  (FTR), which  also

   applies to civilian DoD employees,  provides the guidance that we

   need to resolve a claim such as that brought here by Mr. Mutzman.

   The FTR does not  make an employee liable for the  entire cost of

   an  airline ticket  if  he or  she purchases  the ticket  from an

   unauthorized  travel agent or travel management center.  Instead,

   the FTR limits the employee's liability to "any additional costs"

   that result.   41 CFR 301-50.2 (2000).   The employee, therefore,

   is entitled to reimbursement but  not beyond what would have been

   paid  had the  ticket  been  purchased  pursuant  to  regulation.

   Vivian E. Nichols, GSBCA  15493-TRAV,  01-1 BCA    31,366;  Doris

   N. Lee, GSBCA 15451-TRAV, 01-1 BCA   31,279.     

 

 

        The Chief  of the Financial Services and Systems Division at

   claimant's command  advises us  that Wright-Patterson  has a  CTO

   which  offers  a  contract air  carrier  between  the two  cities

   involved in Mr. Mutzman's temporary duty assignment.   Round trip

   airfare is said to be $608.  Consequently, in Mr. Mutzman's case,

   there   are  no  additional  costs  associated  with  the  ticket

   purchases  he made.    He should,  therefore,  be reimbursed  the

   entire amount  he paid  for these tickets  provided his  claim is

   otherwise  acceptable.  Manuel F. Casiano, GSBCA 15304-TRAV, 00-2

   BCA   31,004.  

 

 

                                           ________________________

 

                                           EDWIN B. NEILL     

                                           Board Judge