Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

                            _______________

 

                             August 1, 2001

                            _______________

 

 

                      GSBCA 15595-TRAV, 15596-TRAV

 

 

         In the Matters of EXUM LEE, JR., and WILLIAM H. WHITE

 

 

        Exum Lee, Jr., Chesapeake, VA, Claimant in GSBCA 15595-TRAV.

 

        William  H. White,  Virginia Beach,  VA,  Claimant in  GSBCA

   15596-TRAV.

 

        Judy  Hughes, Travel Policy,  Defense Finance and Accounting

   Service, Columbus Center, Columbus,  OH, appearing for Department

   of Defense.

 

   GOODMAN, Board Judge.

 

        Claimants are the spouse  and father of a  civilian employee

   of  the  Department  of  Defense,  Joint  Forces  Command.    The

   employee,  whose permanent  duty station  was Norfolk,  Virginia,

   died  on April  21,  2000,  in San  Diego,  California, while  on

   official   travel.    Claimants  were  authorized  to  travel  to

   California to  escort the  remains home for  burial.   The agency

   thereafter questioned whether  there existed proper authority  to

   reimburse claimants  for their  travel expenses,  based upon  the

   provisions  in  the  Federal Travel  Regulation  (FTR)  and Joint

   Travel  Regulations  (JTR)  at the  time  the  escort travel  was

   accomplished. 

 

         At  the time  of travel,  the FTR  contained  the following

   provisions:

 

        QUESTION:  What is the FTR?

        ANSWER:  The FTR is the regulation contained in 41 Code

        of Federal Regulation (CFR), Chapters 300 through  304,

        which implements  statutory requirements  and Executive

        branch  policies   for  travel   by  Federal   civilian

        employees and others authorized to travel at Government

        expense. 

 

   41 CFR 300-1.1 (1999).

 

        QUESTION:  May we pay the travel expenses for an escort

 

        for the remains of a deceased employee?

              ANSWER:  Yes, in accordance  with   303-70.600 through

   303-70.602. 

 

   Id.  303-70.100.

 

        QUESTION:   How many  persons may  we authorize  travel

        expenses to escort the remains of a deceased employee?

        ANSWER:  Travel expenses may  be authorized for no more than

   two persons. 

 

   Id. 303-70.600.

 

        QUESTION: Under what circumstances may we authorize the

        escort of remains?

        ANSWER:   Escort of remains may be authorized  when the

        employee's death occurs:

        (a) While in a travel status away from his/her official

        station in the United States.

 

    Id. 303-70.601.

 

        QUESTION: What travel expenses may we authorize for the

        escort of  remains?

        ANSWER:    You  may authorize  any  travel  expenses in

        accordance  with chapter  301 of  this  title that  are

        necessary for the escort of remains to:

        (a) The home or official station of the deceased.

 

    Id. 303-70.602.

 

        At the  time of claimants'  travel, the JTR did  not contain

   similar  provisions with  regard  to  allowing  escorts  for  the

   remains of employees who had died on official travel.  Provisions

   similar to those in  the FTR were added to the  JTR, effective in

   July 2000.  JTR C6062.  The agency has asked if the claimants may

   be reimbursed for  their travel expenses, even  though there were

   no provisions for escort travel in the JTR at the time of travel.

 

        The agency  has authority  to reimburse  travel expenses  as

   authorized in  the FTR.   The  FTR is  applicable to  all federal

   civilian  employees.   41  CFR 300-1.1.    This includes  federal

   civilian employees of the Department of Defense.  The JTR explain

   and supplement  the FTR for civilian employees  of the Department

   of  Defense and  related  agencies.   E.  Patricia Liegey,  GSBCA

   14964-TRAV,  et  al., 99-2  BCA    30,483.   As  the  FTR clearly

   allowed  payment of  escort travel  costs,  and the  JTR did  not

   prohibit same, but was merely  silent, payment of these costs was

   authorized  by regulation.  Richard  C. Mutzman, GSBCA 15333-TRAV

   (July 13, 2001).

 

                                Decision

 

        Claimants are entitled to reimbursement of their costs.

 

                                      _______________________

                                      ALLAN H. GOODMAN

                                      Board Judge