Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                    ________________________________
 
                            December 4, 2000
                    ________________________________
 
 
                            GSBCA 15090-TRAV
 
 
                  In the Matter of  LAUREL K. WHEELER
 
 
        Laurel K. Wheeler, Bellevue, NE, Claimant.
 
        Charles N. Stockwell,  Travel Branch, Directorate of  Travel
   and  Vendor Pay,  Defense Finance and Accounting Service, Denver,
   CO, appearing for Department of the Air Force.
 
   WILLIAMS, Board Judge.
 
        Claimant seeks reimbursement of $325, the cost of an airline
   ticket   she  purchased  from  a  noncontract  travel  office  in
   conjunction  with a temporary duty assignment.  Claimant contends
   that agency officials erroneously advised her that she could make
   her   own  reservations  and  that  she  was  unaware  of  proper
   procedures because she was an infrequent traveler. 
 
        Because claimant has demonstrated that she was an infrequent
   airline  traveler, she  may be  reimbursed for  her ticket  in an
   amount  not to  exceed the  cost which  would have  been properly
   chargeable to  the Government if  the tickets had  been purchased
   from the appropriate travel office.
 
                               Background
 
        Claimant, a civilian  employee of the Department  of Defense
   at Offutt  Air Force  Base, Nebraska, was  directed to  perform a
   temporary  duty  assignment  on  May 10,  1999,  in  Palm Desert,
   California, from May 15-20,  1999.  She was advised  by an agency
   employee  that she could make her own transportation arrangements
   and,  therefore,  contacted  American   Airlines  directly,  made
   reservations  for   herself  and   her   spouse,  and   purchased
   nonrefundable  tickets for $325 each. This airfare consisted of a
   fare  of $285.19, a transaction  tax of $22.81,  and other tax of
   $17 for a total of $325.
 
        Because  of a shortage  of manpower, claimant's  orders were
   not   issued  until  May 14,  1999.    Claimant's  travel  orders
   authorized  her to  fly  into Ontario  instead  of directly  into
   Palm Springs and stated in the remarks section:
 
 
        Flying  roundtrip  to  Palm Springs  would  be  $740 so
        member   [[foot #] 1]   is    flying   roundtrip   into
        Ontario (90 miles away) for $311.00 and is authorized a
        rental car for $195.00 to drive to Palm Springs.
 
        Claimant had  previously  performed official  travel on  the
   following  dates:    December 5-10,  1998;  October 25-28,  1998;
   September 8-10,  1998;  May 11-12, 1998;  April 18-23,  1998; and
   May 31-June 15, 1997.  However, only two of those  trips involved
   air travel; the others all entailed transportation via claimant's
   privately owned  vehicle  (POV).   The  two  occasions  on  which
   claimant did  travel via air  involved group travel,  and someone
   else made the arrangements for her.  Claimant states that because
   she  normally  drives  to  a  temporary  duty  location  she  was
   unfamiliar with the rules about purchasing airline tickets.  
        The approving official on  claimant's travel order concurred
   in claimant's request  for reimbursement for the  airline ticket.
   He stated:  "Ms. Wheeler acted in good faith but  did not receive
   the  correct  information from  our  orderly  room  in regard  to
   obtaining  airline tickets from the  proper agency.  In addition,
   Ms. Wheeler  did  not  receive  the travel  orders  in  a  timely
   manner."   The  agency denied  reimbursement,  however, since  it
   found no  basis for  claimant to have  used a  noncontract travel
   office and  it determined  that claimant  was  not an  infrequent
   traveler. 
 
                               Discussion
 
        The  pertinent paragraph  of  the Joint  Travel  Regulations
   (JTR),  C2207,  in  effect  at the  time  of  claimant's  travel,
   provides:  
 
        C2207 ARRANGING OFFICIAL TRAVEL
 
             A.   Use of Travel Offices.
 
             In  arranging   official  travel,   employees  are
             authorized to use the following in accordance with
             Service regulations:
 
                  1.   Commercial  travel  offices  (CTO) under
                       contract     to     their     respective
                       organization;
 
                  2.   In-house travel offices;
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 The travel  orders erroneously refer  to claimant
   as a member of the uniformed services; she is a civilian employee
   of the Department of the Air Force.
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
                  3.   General  Services  Administration  (GSA)
                       Travel Management Centers (TMC).  
 
             Except as indicated  in B, C, and D  below when an
             employee  purchases transportation  from a  travel
             agent (other than  a CTO, in house  travel office,
             or TMC), reimbursement is authorized only when the
             employee provides acceptable  information that the
             services of  a CTO, in house travel office, or TMC
             aren't   reasonably   available    and   ticketing
             arrangement can't be secured from a branch  office
             or general agent of an American flag carrier.
 
             B.   Infrequent Traveler.  
 
                  An infrequent traveler:  
 
                  1.    who   is   unaware   of   the   general
                  prohibition against the  use of travel agents
                  (other than a CTO, in house travel office, or
                  TMC), and 
 
                  2.    who       inadvertently       purchases
                  transportation  with  personal funds  from  a
                  travel agent, 
 
                  may  be granted  an exception on  a one-
             time  basis  and  paid  for the  travel  cost
             incurred not to exceed  the cost which  would
             have   been   properly  chargeable   to   the
             Government if the  transportation service had
             been purchased directly from the carrier. . .
             .   
 
             C.   Exceptions in Foreign Countries . . . 
 
             D.   Use  of  Travel  Agencies for  Group  or
                  Charter Arrangements . . .
 
        Claimant has cited unusual circumstances which prevented her
   from obtaining her ticket through the proper channels in that she
   was directed  to perform a  temporary duty assignment  before she
   received  travel orders and  was advised to  purchase her tickets
   herself.   Claimant  was  unaware  of  the requirement  that  she
   purchase her  airline tickets from a CTO, in-house travel agency,
   or TMC,  since she  had only flown  on Government  business twice
   before, with another individual making the arrangements.
 
        The agency  concluded that  claimant was  not an  infrequent
   traveler because  "she has  traveled 2-3 times  per year  for the
   past two years."   However, the agency did not recognize that all
   but two of these trips were made by POV and the two trips via air
   were group  trips with arrangements  made by others.   The agency
   stated that "the opportunity  existed for [claimant] to be  aware
   of regulatory  guidance regarding self-procurement  of commercial
   transportation."   The record  as a  whole, however,  establishes
   that claimant was  not in fact aware of this  guidance.  Further,
   claimant  qualifies as an  infrequent airline traveler  since she
   only  flew twice before on  official business in group situations
   where she had no responsibility for making travel arrangements.
 
 
        As we  recognized in Susan K. Howard, GSBCA 15105-TRAV, 00-1
   BCA    30,878, at  152,493, "the  regulation  does not  expressly
   limit  the  term  'infrequent'   traveler"  and  Board  precedent
   addresses this  issue on  a case-by-case basis.   In  Howard, the
   Board  held that  a  traveler who  had traveled  periodically for
   temporary   duty  travel  but  had  never  before  taken  renewal
   agreement  travel qualified as an infrequent traveler for renewal
   agreement travel  where the traveler received outdated orders and
   erroneous advice.  This case is similar to Howard, since claimant
   also received erroneous advice and untimely travel orders and had
   never before made arrangements for official air travel.
 
                                Decision
 
        The claim is  granted.  Claimant is entitled  to be paid for
   the travel  cost incurred not to exceed the cost which would have
   been properly  chargeable to the  Government, if the  tickets had
   been   purchased  from  the   appropriate  travel  office.     In
   reimbursing the  claimant, however,  the agency  should expressly
   advise her that  this is a  one-time exception which will  not be
   available again.  Andrew A. Rahaman, GSBCA 14365-TRAV, 98-1 BCA  
   29,679.
   ________________________________
 
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge