James McKibben-Tour Renewal Agreement Travel

B-256704 Jan 26, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The employee claimed to have stopped in Los Angeles for a 4-5 day visit on the return trip to Alaska. We agree with the agency that the travel does not appear to have been used for the authorized purpose. Whose post of duty is in Alaska or Hawaii. Is authorized by 5 U.S.C. His residence at the time of his selection for the post in Alaska-was McKay. The travel was to be performed during the period of March 13 through 29. The form he completed contained the statement that "I realize that travel is limited to the United States and its possessions.". That they were not in a travel status from March 15 through 27. McKibben was allowed $125.50 in per diem for his travel time in addition to the $4. View Decision Matter of: James McKibben-Tour Renewal Agreement Travel File: B-256704 Date: January 26, 1996 After reimbursing an employee authorized home leave travel (Overseas Tour Renewal Agreement Travel) for transportation between his Petersburg, Alaska, duty station and Los Angeles, California, the agency learned that the employee and his family actually traveled through Los Angeles enroute to Mexico. Upon being queried about the travel, the employee claimed to have stopped in Los Angeles for a 4-5 day visit on the return trip to Alaska. Home leave travel benefits may not be used to travel to the United States merely as a stopping off point enroute to or from foreign destinations. Absent evidence from the employee that he spent a substantial amount of time in the United States, the agency may take action to recoup the travel allowances paid to or on behalf of the employee. DECISION An authorized certifying officer of the United States Forest Service, Department of Agriculture, requests our decision whether it would be proper for the agency to seek recovery of costs it incurred for the tour renewal agreement travel performed by James McKibben, an agency employee assigned to Tongass National Forest, Petersburg, Alaska, in 1992. The agency asserts that Mr. McKibben did not perform this travel for its authorized purpose, to visit the United States, but instead, used it to travel to Mexico to visit property he owned there. We agree with the agency that the travel does not appear to have been used for the authorized purpose, and it would, therefore, be proper to seek recovery from Mr. McKibben for the cost the agency incurred. BACKGROUND Overseas tour renewal agreement travel available for an employee such as Mr. McKibben, whose post of duty is in Alaska or Hawaii, is authorized by 5 U.S.C. Sec. 5728(c), as implemented by the Federal Travel Regulation (FTR), 41 C.F.R. Sec. 302-1.3. [1] Under these provisions, an agency may pay the expenses of round-trip transportation for an employee and his or her immediate family from the employee's post of duty in Alaska or Hawaii to his or her place of actual residence or other authorized location in the United States for the purpose of returning home to take leave between tours of duty in Alaska or Hawaii. Mr. McKibben's place of actual residence--his residence at the time of his selection for the post in Alaska-was McKay, Idaho. However, when Mr. McKibben completed the agency form in January 1992 requesting renewal agreement travel for himself and five family members, he requested such travel to an alternate location, Los Angeles, California. The travel was to be performed during the period of March 13 through 29, 1992. The form he completed contained the statement that "I realize that travel is limited to the United States and its possessions." The agency approved the request and issued a transportation authorization, dated February 12, 1992, for such travel which contained the statement "Travel limited to the United States, its territories or possessions, or Puerto Rico." Incident to this authorization, the agency procured commercial air transportation at agency expense for Mr. McKibben and his family from Alaska to Los Angeles and return. Upon completion of the travel, Mr. McKibben filed a travel voucher stating that he and his family traveled from Alaska on March 13 and arrived in Los Angeles on March 14; that they were not in a travel status from March 15 through 27; and that they left Los Angeles on March 28 and arrived back in Alaska on March 29. Mr. McKibben was allowed $125.50 in per diem for his travel time in addition to the $4,470.00 in airline fares the agency had paid the air carrier for his and his family's transportation. The certifying officer states that in July 1993 the agency was informed that in fact Mr. McKibben and family had traveled on to Mexico during the March 1992 trip. In response to the agency's inquiry, Mr. McKibben furnished a written statement in which he says that in February 1991 he and his wife had purchased property in Cabo San Lucas, Baja, Mexico, [2] and immediately began planning to take their family to visit there in March 1992.