Continuation of Night Shift Differential

A former Air Force employee requested reconsideration of a decision which denied his claim for night shift differential. The employee based his claim on a regulation which provides that, when an employee who is regularly assigned to a night shift is temporarily assigned to the day shift, he is entitled to have his night shift differential continued during that temporary period. The employee claimed that he was regularly assigned to the swing shift but was loaned to the day shift. The Air Force took the position that the reassignment was not temporary. The determination of whether a reassignment to a particular tour of duty is temporary is a factual matter for determination by the agency. Accordingly, in its prior decision, GAO would not substitute its judgment for that of the agency in this matter. In an attempt to document his contention that his assignment was temporary, the employee submitted an accident report in which his supervisor referred to the employee's duty as on loan. The statement of the supervisor was not sufficient to overcome the determination of the Air Force personnel office that the employee's reassignment was not temporary. As the employee had not met his burden of proving the liability of the United States, he had no right to payment. The employee also claimed that he was assigned to jobs which he was physically unable to perform and against the advice of an examining physician. GAO did not make a determination on this matter since it did not involve a denial or withdrawal of pay. Accordingly, GAO affirmed its prior decision.