Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                          ___________________
 
                             July 22, 1998
                          ___________________
 
 
                            GSBCA 14515-TRAV
 
 
                 In the Matter of WILLIAM C. ZIESENITZ
 
 
        William C. Ziesenitz, Clinton, NY, Claimant.
 
        Charles N. Stockwell, Liaison Office, Directorate of Support
   Services,  Defense Finance  and Accounting Services,  Denver, CO,
   appearing for Department of Defense.
 
   PARKER, Board Judge.
 
        In August 1996, William C. Ziesenitz, a civilian employee of
   the Department of the Air Force in Rome, New York, was sent  on a
   temporary  duty (TDY)  assignment  to  Fairfax,  Virginia.    Mr.
   Ziesenitz's  travel orders  authorized him  to use  an Aero  Club
   aircraft as "most advantageous to  the Government."  An Aero Club
   is  an entity  which  owns  or leases  aircraft  for  use by  its
   members.
 
        Upon his return to Rome, Mr. Ziesenitz claimed reimbursement
   for the  costs of taking the Aero Club  aircraft.  The Air Force,
   however, computed Mr.  Ziesenitz's reimbursement  based upon  the
   constructive  costs of traveling by commercial air carrier, which
   turned out  to be $202.91 less than the  cost of traveling by the
   Aero Club aircraft.   Mr. Ziesenitz has requested  that the Board
   review the Air Force's decision.
 
                               Discussion
 
        The Joint  Travel Regulations  (JTR), which   implement  the
   Federal   Travel  Regulation  for   civilian  employees   of  the
   Department of  Defense, specifically discuss the use of Aero Club
   aircraft:
 
        The   use  of  Aero  Club-owned  or  Government  loaned
        aircraft   will  not   take   precedence  over   normal
        Government  conveyance.   Authorization  for  travel by
        Aero   Club  aircraft  will   be  in   accordance  with
        administrative  regulations of  the Service  concerned.
        Reimbursement  for  expenses  incurred  is  limited  as
        provided in par. C4703-B.
   JTR C2053.   Paragraph C4703-B  of the JTR provides  in pertinent
   part as follows:
 
 
        Use  of Aero  Club  Aircraft.   When  the  use of  such
        aircraft  is  authorized  for   official  duty  travel,
        reimbursement  will be  the lesser of  actual necessary
        expenses or the  cost to the Government  for commercial
        transportation.  When a group of two or more  travelers
        are [sic] authorized to accomplish official duty travel
        in Aero  Club aircraft, reimbursement to  the traveler,
        who is responsible for the aircraft, will be the lesser
        of   actual  necessary   expenses   or  the   aggregate
        equivalent  commercial  transportation   costs  to  the
        Government for the group.
 
   Under these regulations, which were in effect at the time  of Mr.
   Ziesenitz's  travel, the Air  Force's method for  calculating the
   amount  of  Mr.  Ziesenitz's  reimbursement  is  clearly correct.
   Reimbursement is limited to the lesser  of Aero Club costs or the
   constructive costs of commercial transportation.
 
        Mr.  Ziesenitz argues that  he should be  reimbursed in full
   for  traveling by  Aero Club  aircraft because  he relied  on his
   travel orders,  which authorized  that method  of travel  as most
   advantageous  to the  Government (MAG).    Mr. Ziesenitz  further
   points out that his facility has been justifying use of Aero Club
   aircraft as MAG  for 15-20 years,  and that neither  he, nor  the
   official who signed  the travel authorization, realized  that the
   JTR had been  changed at some point to limit reimbursement to the
   constructive costs of taking commercial transportation.
 
        Although we sympathize  with Mr. Ziesenitz, the rule in such
   situations is clear:  travel orders which are contrary to law  or
   regulation  cannot create  a right  to  reimbursement where  none
   exists.   Andre  E. Long,  GSBCA 14498-TRAV,  98-1 BCA    29,731;
   Alice P. Pfefferkorn,  GSBCA 14124-TRAV, 97-2 BCA    29,313.  The
   person who authorized Mr. Ziesenitz's reimbursement as MAG had no
   authority to do so.   Unfortunately for Mr. Ziesenitz, this means
   that his claim was properly denied by the Air Force.
 
                                Decision
 
        For the reasons discussed above, the claim is denied.
 
 
 
                                      __________________________
                                      ROBERT W. PARKER
                                      Board Judge