Board of Contract Appeals General Services Administration Washington, D.C. 20405 July 28, 1999 GSBCA 14952-TRAV In the Matter of BRIAN M. QUIRK Brian M.. Quirk, Springfield, MA, Claimant. Charles N. Stockwell, Travel Branch, Directorate of Travel and Vendor Pay, Defense Finance and Accounting Service, Denver, CO, appearing for Department of Defense. GOODMAN, Board Judge. Claimant, Brian M. Quirk, is a civilian employee of the Department of Defense. He seeks reimbursement of the cost of an airline ticket he purchased directly from the airline, for which the agency has denied reimbursement. Background Claimant was scheduled to fly from Hartford, Connecticut, to New Orleans, Louisiana, via Detroit, Michigan, for temporary duty (TDY) travel on January 3, 1999, for training to commence on January 4 at Keesler Air Force Base, Mississippi. He had a ticket on a Northwest Airlines flight purchased from a commercial ticket office (CTO) under contract with the agency. Because of severe weather conditions in the Midwest, claimant called Northwest Airlines on January 1 and changed his departure date to January 2, 1999. He informed Northwest that he had a Government- procured ticket, and they honored the transfer. On January 2, 1999, claimant arrived at the airport in Hartford and exchanged his ticket for January 3 for the ticket for January 2. He was informed that his flight to Detroit had been canceled because of heavy snow accumulation in Detroit. Other airports in the Midwest were also closed. The Northwest ticket agent checked the airline databases and informed claimant that no other scheduled flights were leaving Hartford on January 2 that could be routed through Atlanta, Georgia, to connect to a Northwest flight to New Orleans. Claimant was placed on standby for a flight scheduled to depart on January 3 through Detroit. Claimant states that all airports in the Midwest remained closed until January 6 due to the severe weather. Claimant states that he dialed the 800 emergency number for Omega Travel, the CTO under contract with his agency. He was placed on hold for forty-five minutes and was not able to talk to a travel agent. Claimant states: I made every possible attempt to coordinate through proper channels and follow policy for rebooking flight information. However, due to the extreme weather conditions effecting [sic] the Midwest, and with the long holiday weekend added to the inability to reach Omega World Travel to coordinate with them in making alternate travel arrangements. After unsuccessfully attempting to contact the CTO under contract with his agency, claimant checked with all airlines at the Hartford airport. Delta Airlines was the only one that had a seat available (first-class for $850) for January 2 at 7:45 p.m. Flights scheduled the next day were completely sold out. Claimant states that the Hartford airport was shut down on January 3 due to severe icing conditions. Claimant states further: I made every possible attempt to contact Omega World Travel to coordinate and change the travel itinerary arrangements. My only choice was to book the flight with Delta Airlines at 7:45 PM, or [I] would be forced to cancel the school quota that was scheduled at Keesler AFB, MS, the formal school was scheduled to start on Monday, 4 January 1999 at 0600. . . . [T]he policy established by the school was any student not in place for the start of class would be considered as a no show and the base would be charged for a quota as not filled. Weighing all factors, I decided that I had the chance to get the last flight out, and to make the scheduled class start date. I used the government issued travel charge ticket [sic][[foot #] 1] to procure the airline ticket. In weighing all the factors of these extremely unique set of circumstances, the mission objective were [sic] met. I attended the Defense Message System course on schedule. However, my judgment that I used was only in the best interest of the mission, to be trained for the quota that I was scheduled to attend. If I had delayed procurement of the airline ticket, and missed the last flight out, I would have been dropped from the class . . . . ----------- FOOTNOTE BEGINS --------- [foot #] 1 Apparently, claimant used the Government-issued ticket and travel card to purchase the new ticket. ----------- FOOTNOTE ENDS ----------- The agency denied reimbursement, stating: Your initial claim was disallowed in accordance with the provisions of JTR Volume II paragraph C2207 . . . [which] notes that when an employee purchases transportation from a travel agent (other than a CTO, in house travel office, or TMC), reimbursement is authorized only when the employee provides acceptable information that the services of a CTO , in house travel office, or TMC aren t readily available. At our location, the services of a CTO (Omega World Travel) are available to members seven days a week, 24 hours per day by calling the toll free number listed on the itinerary sheet issued by Omega World Travel. Both this office and the base transportation office had issued policy guidance on the requirements for arranging official travel. After reviewing your justification and travel claim, it is my opinion that the circumstances surrounding your decision were related to weather issues versus the availability of a CTO. It must also be noted that it was inappropriate to procure first class accommodation as indicated on your Delta passenger receipt/itinerary as well as turning in your unused Northwest Airlines ticket directly to the carrier rather than the CTO. For the reasons stated above, this office is declining your claim for reimbursement for the personally procured airline ticket. Discussion Paragraph C2207 of the Joint Travel Regulations (JTR), the regulations which supplement the Federal Travel Regulation (FTR) for civilian employees of the Department of Defense, reads, in pertinent part: C2207 ARRANGING OFFICIAL TRAVEL A. Use of Travel Offices. In arranging official travel, employees are authorized to use the following in accordance with Service regulations: 1. Commercial travel offices (CTO) under contract to their respective organizations; 2. In-house travel offices; 3. General Services Administration (GSA) Travel Management Centers (TMC). Except as indicated in subparagraph B, C and D below, when an employee purchases transportation from a travel agent (other than a CTO, in house travel office or TMC), reimbursement is authorized only when the employee provides acceptable information that the services of a CTO, in house travel office or TMC aren't reasonably available and ticketing arrangements can't be secured from a branch office or general agent of an American-flag carrier. In the instant case, the claimant has met his burden of providing acceptable information that the services of a CTO, in house travel office or TMC weren't reasonably available and that ticketing arrangements could not be secured from a branch office or general agent of an American-flag carrier. Apparently, he arrived at the airport in the afternoon in order to board his flight, which was scheduled to depart at 4:10 p.m. After learning his flight was canceled, he attempted to contact the CTO under contract with the agency, and said he was placed on hold for forty-five minutes. The agency s statement that the CTO is available 24 hours a day may be true, but a traveler would expect that an emergency call would be answered without having to hold for forty-five minutes. Failing in his attempt to contact the CTO, claimant made diligent efforts to ascertain the availability of flights on other airlines. The only seat that he could find was a first-class seat on another carrier leaving that evening. Accordingly, at a minimum, he should be reimbursed for the cost of the ticket had he purchased one from a CTO under contract with his agency at the Government rate. The question remains as to his reimbursement for the difference between that cost and the cost of the first-class ticket that he purchased. The JTR reads as follows: First-class accommodation may be used without authorization/approval only in one instance--when regularly scheduled flights between the authorized origin and destination (including connection points) provide only first-class accommodation. JTR C2204-A.5.c. There were accommodations other than first-class seats available on flights scheduled to depart within twenty-four hours. Claimant contends, and the record contains no indication to the contrary, that no flights departed from Hartford the next day because of severe weather. Even so, under the above regulation, claimant is not entitled to reimbursement for the first-class fare. Claimant is only entitled to be reimbursed the cost of a ticket he could have purchased from a CTO under contract with his agency. __________________________ ALLAN H. GOODMAN Board Judge