B-155290, DEC. 28, 1964
Highlights
GARCIA: FURTHER REFERENCE IS MADE TO YOUR REQUEST OF SEPTEMBER 14. WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED MAY 20. A COPY OF THAT SETTLEMENT IS ENCLOSED FOR YOUR READY REFERENCE. WE HAVE REVIEWED THE RECORD BEFORE US. IT IS TRUE THAT AFM 40-1. PROVIDES THAT WHEN IT IS NECESSARY FOR CIVILIAN GUARDS TO REPORT TO A CENTRAL LOCATION TO CHECK IN. THEY WILL BE CONSIDERED IN A PAY STATUS UNTIL THEY CHECK OUT AT THE EXPIRATION OF THE SHIFT. PROVIDES THAT: " * * * EMPLOYEES AT AIR FORCE INSTALLATIONS OUTSIDE THE UNITED STATES WHO ARE PAID AT NATIVE WAGE RATES AND WHOSE HOURS OF WORK CORRESPOND TO LOCAL CUSTOMS OR LOCAL LAW ARE EXCLUDED FROM THE PROVISIONS OF THIS CHAPTER.'. SINCE THE ADMINISTRATIVE OFFICE HAS REPORTED THAT YOU WERE PAID AT NATIVE WAGE RATES AND THAT YOUR TOUR CORRESPONDED WITH LOCAL CUSTOM.
B-155290, DEC. 28, 1964
TO MR. BENJAMIN S. GARCIA:
FURTHER REFERENCE IS MADE TO YOUR REQUEST OF SEPTEMBER 14, 1964, FOR RECONSIDERATION OF YOUR CLAIM FOR OVERTIME PAY FOR ALLEGEDLY BEING REQUIRED TO REPORT 30 MINUTES PRIOR TO THE START OF YOUR TOUR OF DUTY AS A SECURITY GUARD, CAMP CAVITE, PHILIPPINES, FROM DECEMBER 5, 1947, TO FEBRUARY 23, 1954, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED MAY 20, 1958. A COPY OF THAT SETTLEMENT IS ENCLOSED FOR YOUR READY REFERENCE.
WE HAVE REVIEWED THE RECORD BEFORE US. YOUR LETTER OF SEPTEMBER 14, 1964, DOES NOT PRESENT ANY ADDITIONAL FACTS IN SUPPORT OF YOUR CLAIM.
AS STATED IN THE DISALLOWANCE OF MAY 20, 1958, IT IS TRUE THAT AFM 40-1, AF H2, SECTION 2, PAR. 7, PROVIDES THAT WHEN IT IS NECESSARY FOR CIVILIAN GUARDS TO REPORT TO A CENTRAL LOCATION TO CHECK IN, RECEIVE INSTRUCTIONS, AND UNDERGO INSPECTION PRIOR TO GOING TO THEIR POSTS, AND THESE INCIDENTAL DUTIES CANNOT BE MADE A PART OF THE 8-HOUR TOUR OF DUTY, THEY WILL BE CONSIDERED IN A PAY STATUS UNTIL THEY CHECK OUT AT THE EXPIRATION OF THE SHIFT. HOWEVER, AFM 40-1, AF H2.1, PARAGRAPH 1A, PROVIDES THAT:
" * * * EMPLOYEES AT AIR FORCE INSTALLATIONS OUTSIDE THE UNITED STATES WHO ARE PAID AT NATIVE WAGE RATES AND WHOSE HOURS OF WORK CORRESPOND TO LOCAL CUSTOMS OR LOCAL LAW ARE EXCLUDED FROM THE PROVISIONS OF THIS CHAPTER.'
SINCE THE ADMINISTRATIVE OFFICE HAS REPORTED THAT YOU WERE PAID AT NATIVE WAGE RATES AND THAT YOUR TOUR CORRESPONDED WITH LOCAL CUSTOM, AFM 40-1, AF H2, SECTION 2, PARAGRAPH 7 DOES NOT APPLY TO YOU.
WE RECOGNIZE THERE IS A DIFFERENCE OF OPINION BETWEEN YOU AND THE ADMINISTRATIVE OFFICE CONCERNING CERTAIN FACTUAL MATTERS RELEVANT TO YOUR CLAIM. HOWEVER, AS INDICATED TO YOU IN OUR SETTLEMENT OF MAY 20, 1958, WHEN THERE IS A DISPUTE BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT CONCERNING FACTS, IT IS THE ESTABLISHED RULE OF THE GENERAL ACCOUNTING OFFICE TO ACCEPT THE STATEMENTS OF FACT PRESENTED BY THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS OF THE FACTS AS ADMINISTRATIVELY REPORTED. 31 COMP. GEN. 288.
YOUR CLAIM IS SIMILAR TO THAT OF SEVERAL OTHER EMPLOYEES WHO WORKED AS CIVILIAN GUARDS IN THE PHILIPPINES. THESE CLAIMS HAVE BEEN FULLY CONSIDERED BY US. ON THE BASIS OF THE REPORTS SUBMITTED BY THE DEPARTMENT OF THE AIR FORCE AND THE INFORMATION FURNISHED BY THE CLAIMANTS, WE CONCLUDED THAT THE CLAIMED OVERTIME WAS NOT ALLOWABLE.