Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405









                                                            



                         October 13, 2004

                                                            





                         GSBCA 16477-TRAV





               In the Matter of TASSOS ABADIOTAKIS





     Tassos Abadiotakis, Kennedy Space Center, FL, Claimant.



     Sam Lenck, Deputy CFO for Finance, National Aeronautics and Space

Administration,  Kennedy Space Center, FL, appearing for National Aeronautics and Space

Administration.



PARKER, Board Judge.



     The National Aeronautics and Space Administration (NASA) has requested an

advance decision on the issue of whether one of its employees, Tassos Abadiotakis, was on

official duty at the time of an automobile accident.  The accident occurred while

Mr. Abadiotakis was driving to the airport for a return to his permanent duty station from

the location of a personal trip taken after his temporary duty ended.



                            Background



     Mr. Abadiotakis was authorized to travel on Wednesday, June 9, 2004, from his

permanent duty station in Cape Canaveral, Florida, to a temporary duty station in Ogden,

Utah.  Mr. Abadiotakis was originally scheduled to return on Friday, June 11, but the travel

orders were amended to authorize a return date of Sunday, June 13, so that Mr. Abadiotakis

could remain in the area for personal reasons.  The travel orders authorized the use of a

rental car in connection with the temporary duty.



     Mr. Abadiotakis spent the weekend of June 12-13 in Jackson Hole, Wyoming, on

personal business.  He kept the rental vehicle during this time.  While traveling on Sunday,

June 13, Mr. Abadiotakis was involved in an accident when an elk ran into the vehicle he

was driving.  There were no injuries, but the vehicle was damaged on the driver's side.  The

accident occurred around 4:00 a.m. while Mr. Abadiotakis was driving back from

Jackson Hole to Salt Lake City, Utah, where his return flight to Florida was scheduled to

depart at 10:10 a.m.  The accident occurred just outside Garden City, Utah, which is

approximately 120 miles from the airport.



                             Decision



     NASA asks whether it should reimburse Mr. Abadiotakis for the $2627.77 in repair

costs he paid to the car rental company in connection with the accident.  We hold that NASA

may not reimburse Mr. Abadiotakis because he was not on official duty at the time of the

accident.



     The Federal Travel Regulation (FTR) states the general rule that an agency may pay

only those expenses essential to the transaction of official business.  41 CFR 301-2.2 (2003). 

Specifically with regard to rental cars, any deductible amount paid by an employee may be

reimbursed only "if the damage occurred while [the employee was] performing official

business."  Id. 301-10.451; see Raymond B. Washburn, 68 Comp. Gen. 318 (1989);

Timothy J. Doyle, B-209951 (June 7, 1983).



     Mr. Abadiotakis was not performing official business at the time of his accident.  His

temporary duty ended on Friday, June 11, not Sunday, June 13, when the accident occurred. 

But for the fact that he spent the weekend on personal business, Mr. Abadiotakis would have

been back in Florida on June 13.  Although it is true that Mr. Abadiotakis would have had

to drive from his hotel to the airport had he left on Friday, he would not have been driving

at 4:00 a.m. on a road 120 miles from the airport.  After Friday, when his temporary duty

ended, the rental car was both an expense and a responsibility of Mr. Abadiotakis, not the

Government.



                             Decision



     NASA should not reimburse Mr. Abadiotakis for the damage to the rental car.









                                   ________________________

                                   ROBERT W. PARKER

                                   Board Judge