Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                                        



                       ____________________



                        September 8, 2003

                       ____________________





                         GSBCA 16097-TRAV





              In the Matter of BRENDA J. YOUNGBLOOD





     Brenda J. Youngblood, Memphis, TN, Claimant.



     Jody A. Trenary, Assistant Director, Resources, Defense Contract Audit Agency, Fort

Belvoir, VA, appearing for Department of Defense.



HYATT, Board Judge.



     When an employee is involved in an automobile accident while conducting official

business in connection with a temporary duty (TDY) assignment, the agency may, if it

determines this to be in the Government's best interest, reimburse the expenses of travel to

return to the TDY location to appear in court in response to a citation.



                            Background



     Claimant, Brenda J. Youngblood, an employee of the Defense Contract Audit Agency,

(DCAA), was on a TDY assignment in Atlanta, Georgia, in March 2003.  She was authorized

to rent a car in connection with this travel.  While traveling in the rental car in the Atlanta

area, Ms. Youngblood was involved an auto accident in which, according to her, the other

driver was at fault.  The accident resulted in minor damage to both vehicles.  Neither the

drivers nor any passengers were hurt.  A police officer came to the scene and, because he

could not determine who was at fault, issued citations to both drivers. 



     Ms. Youngblood states that under Georgia law, when automobiles are involved in an

accident, it is mandatory for both drivers to appear in court.  Her court date was set for some

time after the completion of her TDY assignment, requiring her to return to Georgia in order

to appear in court.  Ms. Youngblood asked DCAA to reimburse her for the expenses of the

return trip to Atlanta to appear in court, since the accident occurred incident to her

performance of temporary duty in Atlanta.  DCAA told her that it could find no authority for

the agency to pay such expenses, but also suggested that Ms. Youngblood ask the Board to

review its disallowance of the expenses.



                            Discussion



     The issue here is whether an employee's return travel to a TDY location to appear in

court in response to a citation may be considered official business, such that the agency

would have authority to reimburse the travel expenses incurred.  To the extent that the agency

may reasonably determine that it is in the Government's best interest for the employee to

successfully defend against a finding that the employee was at fault in connection with the

accident, the answer to this query is yes.  



     The Comptroller General, the Board's predecessor in settling claims involving official

travel expenses of federal civilian employees, has addressed a similar situation.  In that case,

the civilian employee was driving his vehicle in connection with official TDY and became

involved in a collision with another vehicle.  The highway patrolman at the scene ticketed

both drivers and both drivers were required to attend a criminal hearing before a county

judge.   The Comptroller General stated that to the extent there was a possibility that a tort

suit could be maintained against the United States as a result of the accident, it could be

considered to be in the best interest of the Government to authorize reimbursement of travel

expenses to defend against the ticket.  Wells E. Ludlow, 44 Comp. Gen. 188 (1964); accord

John J. Rodden, 53 Comp. Gen. 214 (1973).  But see Timothy J. Doyle, B-209,951 (June 7,

1983) (accident occurring while traveling to dinner not incident to use of vehicle for official

business; resulting expenses therefore not reimbursable).  



     In making a determination that it is in the Government's best interest to pay an

employee's travel expenses, then, the agency may wish to consider such factors as:  (1)

whether the accident occurred while the vehicle was being used for an official business

purpose, and (2) the nature and extent of the property damage and personal injury, if any,

suffered in the accident involving the employee, such that the Government might be exposed

to some liability arising from the accident.  If the Government could be liable for damages,

it would certainly be an appropriate exercise of discretion to reimburse the travel expenses

incurred by the employee to attend court proceedings.



     It is not clear from the information provided by Ms. Youngblood whether she was

traveling to or from her temporary assignment when the accident occurred or whether the

Government was exposed to any risk of tort liability arising from the accident.  Depending

on the agency's overall assessment of the circumstances of this case, it may well be that

DCAA could, in the exercise of its discretion in this regard, authorize the expenses of travel

to defend against the citation.  We defer to the agency to make that determination.











                                   __________________________________

                                   CATHERINE B. HYATT

                                   Board Judge