Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                             _____________
                             June 16, 1998
                             _____________
 
 
                            GSBCA 14523-TRAV
 
                      In the Matter of HAROLD LEE
 
        Harold Lee, Willingboro, NJ, Claimant.
 
        Fred  Glassberg,   Manager,  Accounting   Division,  Federal
   Aviation Administration, Jamaica, NY, appearing for Department of
   Transportation.
   VERGILIO, Board Judge.
 
             The  claimant,  while  on  temporary  duty  travel
        suffered  what  is   described  as  an   incapacitating
        illness.   He was  in a hospital  for thirty  days away
        from  his permanent duty  station.  The  claimant seeks
        per diem  for the period.  Regulations  specify that if
        an employee  receives hospitalization or  is reimbursed
        for  hospital expenses under  any federal statute other
        than that of Federal Employees  Health Benefits Program
        (FEHBP), a per diem allowance shall not be paid.  Under
        health insurance obtained under a federal statute other
        than that  of the  FEHBP, the  claimant was  reimbursed
        hospital   expenses.     Accordingly,  the   agency  is
        prohibited  from   paying  the  claimant   a  per  diem
        allowance for the period he was in a hospital.
 
        The claimant, Harold  Lee, as an employee  of the Department
   of  Transportation, Federal  Aviation  Administration,  was on  a
   temporary  duty  assignment  (TDY),  in  January  1996,  when  he
   suffered what is described as  an incapacitating illness.  He was
   hospitalized  for  thirty days  in  a location  distant  from his
   permanent duty station.  The  claimant had health insurance under
   CHAMPUS (Civilian  Health and  Medical Program  of the  Uniformed
   Services), which  is governed by  10 U.S.C.  ch. 55  (1994).   He
   received  hospitalization   benefits  thereunder.     The  agency
   inquires if it  may reimburse the  claimant on a  per diem  basis
   (lodging,  meals, and  incidental  expenses)  for  the  days  the
   claimant spent in the hospital.
        Statute specifies  that an  employee who  abandons a  travel
   assignment prior to  its completion because of  an incapacitating
   illness  or  injury, which  is  not  due  to the  employee's  own
   misconduct, is entitled to reimbursement for travel and per diem;
   such entitlement is to be determined under regulations.  5 U.S.C.
     5702(b)(1)(A)  (1994).     Applicable  regulations   limit  the
   reimbursability of per diem for  such an ill or injured employee.
   In particular, if
        the employee receives hospitalization (or is reimbursed
        for hospital  expenses) under any Federal statute . . .
        other than 5 U.S.C. 8901-8913 (Federal Employees Health
        Benefits  Program),  the  per  diem  allowance  for the
        period involved shall not be paid or, if paid, shall be
 
        collected from the employee.
   41 CFR  301-12.5(a)(1) (1996) (Federal  Travel Regulation (FTR));
   Department of Defense Civilian Personnel Joint Travel Regulations
   (JTR) C6454-A.1.
 
        The  claimant received benefits under a statute other than 5
   U.S.C.    8901-8913.   Regulations  prohibit the  payment of  per
   diem  for  the   thirty  days  the  claimant   was  hospitalized.
   Accordingly, the agency may not reimburse the claimant the amount
   in question.
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge