BNUMBER: B-261228
DATE: November 8, 1995
TITLE: Petty Officer First Class Robert C. Nelson--Claim for
Reimbursement of Travel Expenses
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Matter of:Petty Officer First Class Robert C. Nelson--Claim for
Reimbursement of Travel Expenses
File: B-261228
Date: November 8, 1995
DIGEST
The wife of a member was issued orders authorizing her to travel as an
attendant to their daughter who required medical care not available
locally. The orders authorized reimbursement for actual expenses for
meals and lodging. Because of discrepancies in the amount of the
claim and a complete lack of documentation of the amount spent, the
claim is denied.
DECISION
This is in response to an appeal of a Claims Group settlement which
denied the claim of Petty Officer First Class Robert C. Nelson for
reimbursement of travel expenses incurred by his wife when she
accompanied their daughter to Walter Reed Army Medical Center,
Washington, DC, for medical treatment. We affirm the Claims Group's
settlement.
When Petty Officer Nelson's daughter required medical treatment which
was not available at Portsmouth Naval Hospital, Virginia, orders were
issued authorizing Mrs. Nelson to accompany their daughter to Walter
Reed as an attendant. The orders stated that Mrs. Nelson would be
reimbursed for the actual expense of lodging and meals, not to exceed
the per diem rate for the Washington area. Mrs. Nelson remained in
the status of attendant from October 19, 1992, until February 26,
1993, when Petty Officer Nelson was transferred to the Washington
area. When Washington became his duty station, no further
reimbursement was authorized. Mrs. Nelson stayed with her mother for
at least most of the period in question.
Following the Navy's recommendation, the Claims Group denied Petty
Officer Nelson's claim for $6,420. Of that amount $4,000 was for
food, $160 for trips home to southern Virginia, $600 for trips to the
hospital, $460 for hotels, $850 for groceries for relatives, and $350
for phone bills. Petty Officer Nelson provided no documentation for
his claim. The amount claimed on appeal is $4,348.50. Of that amount
$2,982 is for food, $1,027.50 for gasoline, and $339 for parking.
Petty Officer Nelson has provided no documentation other than a
hand-written list of daily amounts for breakfast, lunch, dinner, gas,
and parking.
The regulations governing medical attendants are in volume 1 of the
Joint Federal Travel Regulations (JFTR), chapter 7, part Q. Paragraph
7553 of volume 1 of the JFTR provides for reimbursement of an
attendant for the actual expenses incurred for food and lodging. The
provision requires that itemized expenses claimed be supported by
receipts or other documentation to the extent practical.
Petty Officer Nelson's original claim of $6,420 was an estimate which
was neither itemized nor documented. The amount claimed for food was
$4,000. Next to the $850 grocery figure was a statement that Mrs.
Nelson had moved in with relatives as of December 15, 1992, and had
agreed to pay the family's grocery bill in lieu of rent. The Navy
recommended denial of the claim for lack of documentation, and the
Claims Group properly denied the claim. Receipts or similar proof of
expenses are generally required for reimbursement. Lodging and meals
provided by relatives are limited to the documented additional amount
it cost the relatives to provide for the "guest." See Clarence R.
Foltz, 55 Comp. Gen. 856 (1976).
Petty Officer Nelson now claims $4,348.50. Of that amount, $2,982 is
for meals, and the rest is for gasoline and parking. Accompanying the
claim is a purported receipt from Mrs. Nelson's mother stating that
she received rent which totalled $1,800 from the Nelsons beginning
November 1, 1992, although that amount is not included in the claim.
While receipts are not always required for every meal for such a
reimbursement claim, it is our view that Petty Officer Nelson's claim
cannot be allowed in the complete absence of documentation.
This Office must settle claims in accordance with applicable law and
regulations. The JFTR require documentation of travel expenses.
Moreover, under 4 C.F.R. 31.7 the burden of establishing the
liability of the United States to pay a claim is on the claimant. In
the present situation Petty Officer Nelson has provided no
documentation for his claim and therefore has not established the
liability of the United States to pay it.
Therefore, Petty Officer Nelson's claim must be denied in the absence
of any documentation to support it. The Claims Group's settlement is
affirmed.
/s/Seymour Efros
for Robert P. Murphy
General Counsel