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                              March 27, 1997
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                             GSBCA 14049-TRAV


                    In the Matter of FREDDY L. SCARBER


     Freddy L. Scarber, Tucson, AZ, Claimant.

     Charles N. Stockwell, Finance and Accounting Liaison Office,
Directorate of Support Services, Defense Finance and Accounting
Service, Denver, CO, appearing for Department of Defense.

HYATT, Board Judge.

     Claimant, Freddy L. Scarber, a civilian employee of the
Department of the Air Force, requests review of the decision of the
Defense Finance and Accounting Service (DFAS) denying reimbursement
of airfare expenses incurred in connection with a temporary duty
assignment to attend a conference.  DFAS has declined to reimburse
the cost of Mr. Scarber's airfare because his airline tickets were
not purchased from a commercial travel office under contract with
the Government.

     Claimant attended a symposium in Orlando, Florida from June 24
through June 28, 1996.  In early June he was informed that he could
attend the conference if funding for his expenses was available,
but was cautioned that he would receive short notice of his
authorization because of tight funding at the end of the third
quarter.  Claimant explains that he had not previously made travel
arrangements as a civil service employee and was not fully informed
as to the applicable regulations.  He was concerned that if he
waited for the travel authorization he would be unable to obtain
reasonably priced tickets and that he would miss the opportunity to
attend the symposium.  Accordingly, he purchased tickets on his own
on June 9.  Mr. Scarber subsequently received his travel orders on
June 20, and departed for Orlando on June 23.  In small type on the
back of the form, the travel orders directed the employee to use
government-procured transportation through the Traffic Management
Office (TMO) and stated that failure to use TMO-procured
transportation would result in nonreimbursement to the traveler.

     DFAS contends that Mr. Scarber was not authorized to purchase
his transportation commercially.  The Joint Travel Regulations
(JTR) allow for reimbursement of transportation costs only when
conditions beyond the employee's control prevent the use of
Government-provided transportation.  JTR C4704C.  When an employee
purchases transportation from a commercial travel office not under
contract to the Government, reimbursement is not authorized unless
it is demonstrated that the employee had no alternative.  JTR
C2207.  Additionally, Mr. Scarber's commercially purchased tickets
were refundable, and thus he could have returned them and used the
proper channels once his orders were issued.  Thus, DFAS argues
that Mr. Scarber cannot demonstrate that he had no alternative. 

     Although Mr. Scarber did not adhere to the prescribed 
procedures in purchasing his tickets, under certain circumstances
the Federal Travel Regulation (FTR) permits reimbursement of
airfare, not to exceed that cost which would have been incurred had
the traveler used Government-procured transportation.  This one-
time exception is available when the employee is an infrequent
traveler and is unaware of the general prohibition against
purchasing transportation commercially with personal funds without
advance administrative approval.  41 CFR 301-3.4(b)(2)(ii) (1996). 
Mr. Scarber has explained that he was an infrequent traveler, not
fully acquainted with the regulations.  The Board has held that
this provision of the FTR, although not duplicated in the JTR, is
applicable to civilian employees of the Department of Defense. 
Kathleen M. Watkins, GSBCA 13983-TRAV (Jan. 13, 1997); see C. Ray
Taylor, GSBCA 13688-TRAV (Jan. 13, 1997).  Accordingly, Mr. Scarber
should be reimbursed the cost of his air transportation up to the
amount that would properly have been chargeable to the Government
had the TMO procured the tickets for Mr. Scarber.





                                        __________________________
                                        CATHERINE B. HYATT
                                        Board Judge