In the Matter of RICHARD W. BRIGGS

October 24, 2019

CBCA 6562-TRAV

In the Matter of RICHARD W. BRIGGS

Richard W. Briggs, Columbia, MD, Claimant.

Charity N. King, Office of General Counsel, National Security Agency, Fort Meade,

MD, appearing for Department of Defense.

KULLBERG, Board Judge.

Claimant, Richard W. Briggs, seeks payment in the amount of $422.64 for the cost

of his flight from London to Baltimore. The National Security Agency (NSA) contends that

Mr. Briggs’ return overseas flight on British Airways did not comply with the Fly America

Act, 49 U.S.C. § 40118 (2012). For the reasons stated below, the Board denies the claim.

Background

NSA deployed Mr. Briggs overseas during the period from February 20, 2019, to

August 18, 2019. The itinerary for Mr. Briggs’ return flight from overseas, which was

arranged by a government travel agency, included a connecting flight from London to

Baltimore. Mr. Briggs took leave before returning to the United States and cancelled his

flight from London to Baltimore. He then purchased a ticket for a later return flight on

British Airways. NSA denied reimbursement for his return flight on British Airways because

he had not purchased a flight on a U.S.-flag carrier as required under the Fly America

Act. Mr. Briggs then submitted his claim to the Board.

CBCA 6562-TRAV

2

Discussion

The Fly America Act restricts a government employee’s use of air travel between a

place within the United States and a place outside the United States to air carriers certified

under section 41102 of title 49, United States Code. 49 U.S.C § 40118(a). Under the

Federal Travel Regulation (FTR), which applies to Mr. Briggs, a certified air carrier under

section 41102 is a U.S.-flag air carrier. 41 CFR 301-10.133 (2018) (FTR 301-10.133). In

addition to certified air carriers, a “U.S. flag air carrier service also includes service provided

under a code share agreement with a foreign air carrier . . . when the ticket, or documentation

for an electronic ticket, identifies the U.S. flag air carrier’s designator code and flight

number.” Id. 301-10.134. The FTR further provides that a traveler “will not be reimbursed

for any transportation cost for which [he or she] improperly use[s] [a] foreign air carrier

service.” Id. 301-10.143. A traveler can only receive reimbursement for travel on a foreign

air carrier when the traveler’s agency authorizes such travel. Id. The Joint Travel

Regulations (JTR), which also apply to Mr. Briggs, similarly provide that “[t]here is no

transportation reimbursement, for any leg of a trip, when an unauthorized or unapproved nonU.S. flag air carrier service . . . is used.” JTR 020206-I.2.

NSA did not authorize Mr. Briggs’ use of a foreign air carrier. In the absence of such

authorization, Mr. Briggs is not entitled to reimbursement for his return air travel from

London to Baltimore on British Airways. See Makila James, CBCA 5010-TRAV 16-1 BCA

¶ 36,308 at 177,041; Inu K.C., CBCA 4973-TRAV, 15-1 BCA ¶ 36,181, at 176,532.

Although Mr. Briggs contends that he was not properly informed of the restrictions on air

travel under the Fly America Act, neither his lack of knowledge nor lack of correct advice

from agency personnel will excuse his failure to use a U.S.-flag air carrier. See Matthew J.

Klages, CBCA 4942-TRAV, 15-1 BCA ¶ 36,165, at 176,477. In any case, the Board has no

authority to waive the requirements of the Fly America Act. Id.

Decision

The claim is denied.

H. Chuck Kullberg

H. CHUCK KULLBERG

Board Judge