Board of Contract Appeals General Services Administration Washington, D.C. 20405 ________________________ June 12, 1998 ________________________ GSBCA 14573-TRAV In the Matter of DAVID L. SWENSON David L. Swenson, Alamogordo, NM, Claimant. Charles N. Stockwell, Liaison Office, Directorate of Resource Management, Defense Finance and Accounting Service, Denver, CO, appearing for Department of Defense. DeGRAFF, Board Judge. Applicable regulations require a civilian employee of the Department of Defense to use a contract air carrier. Although there are exceptions to this requirement, if none of the exceptions applies, the employee is responsible for the difference in cost that results from the use of noncontract air carrier service. Background David L. Swenson is a civilian employee of the Department of the Air Force. In November 1997, the Air Force issued a travel authorization to Mr. Swenson, directing him to travel from his regular duty station at Holloman Air Force Base, New Mexico, to an overseas location. The authorization read, in part, as follows: DOD and AF policy prohibits [members] from self- procuring official travel. If you need assistance with your reservations contact the following: AMC flight changes, call [telephone number] or any traffic management office for assistance. **** Holloman personnel only if [member] becomes stranded due to airline breakdown/cancellations/etc., you are directed to contact the passenger service rep. (TMO) at [telephone number] during duty [hours]. After duty [hours] contact Holloman Cmd Post at [telephone number] request the stand-by passenger service rep to be contacted.**** Mr. Swenson departed for the overseas travel assignment on November 19, 1997. On November 29, 1997, the Air Force directed Mr. Swenson to return to New Mexico. He traveled on a military flight from his overseas duty location to Germany, where he contacted the Air Mobility Command (AMC). AMC arranged for Mr. Swenson s transportation from Germany to Philadelphia, Pennsylvania, where he arrived around noon on Sunday, November 30, 1997. Upon arrival in Philadelphia, Mr. Swenson contacted an AMC passenger service representative who stated that no military transportation was available that day, and that no representative was available from the commercial travel agency that had a contract to assist Air Force travelers. Mr. Swenson says that he checked with all of the airlines flying to his destination and was told that there were no tickets available at the reduced fare made available by contract air carriers for the use of government employees traveling on official business. One airline had a seat available at a commercial fare on a flight scheduled to depart shortly after 3:00 that afternoon. Mr. Swenson says that this airline told him that it had no flights available on Monday, December 1, 1997. For a variety of reasons, Mr. Swenson decided to purchase a ticket, using his own funds, at the commercial fare on the 3:00 p.m. flight on November 30. The cost of the ticket was $627. When Mr. Swenson returned to his duty station, he told his personnel office what he had done. The Air Force amended Mr. Swenson s travel authorization to provide that he was authorized to self-procure official travel within the continental United States, but that reimbursement would be limited to the reduced fare available from a contract air carrier. The Air Force reimbursed Mr. Swenson $194 for his air fare, which is the contract carrier fare. Mr. Swenson asks us to review the Air Force s decision and to determine whether he can be reimbursed for the entire $627. Discussion The Joint Travel Regulations (JTR), which apply to civilian employees of the Department of Defense (DoD), provide that the use of contract air carrier fares is "mandatory" unless (1) seating space is not available in time to accomplish the purpose of the travel or the scheduled service would require the traveler to incur overnight lodging expense; (2) the scheduled service is inconsistent with the Government s policy of scheduling travel to the maximum extent practicable during normal working hours; or (3) a cost comparison establishes that either (i) the use of a noncontract coach fare is lower than the contract carrier s fares, all other cost factors being equal, or (ii) the use of a noncontract coach fare would, when added to certain enumerated factors, result in lower costs to the Government than would accrue if the comparable cost factors were added to the contract fare. JTR C2001-A.2.a, -A.3.e (June 1, 1997). Mr. Swenson has not established that any of the three exceptions to the mandatory use of contract carrier fares applies to him. As for the first and second exceptions, although Mr. Swenson wanted to return to New Mexico as quickly as possible, he has not established that this was necessary in order for him to accomplish the purpose of his return travel, and he has not established that no contract carrier fare seats were available during normal work hours. Mr. Swenson has not presented us with any facts to establish that the third exception applies to him. Had Mr. Swenson followed the procedures detailed in his travel authorization he would have obtained a seat at the government contract fare, or he would have adequate documentation to establish that one of three exceptions applies to him. The regulations explain the consequences if an employee uses noncontract air carrier service: "Any additional cost resulting from use of a method of transportation other than specifically authorized, approved, or required by regulation, e.g., contract air service, will be the employee s responsibility." JTR C2001- A.3.d. The Air Force's decision to hold Mr. Swenson responsible for the cost that he incurred in excess of the contract carrier fare is consistent with both this regulation and with Mr. Swenson's amended travel authorization, which provided that reimbursement would be limited to the contract carrier fare. We deny the claim. __________________________________ MARTHA H. DeGRAFF Board Judge