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B-146288, DEC. 29, 1961

B-146288 Dec 29, 1961
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AF P9.1 -15A (A) ( WHICH WERE IN EFFECT AT THE TIME MR. GRABIEC PERFORMED THE TRAVEL FOR WHICH CLAIM IS MADE. THE SAME CRITERIA ARE TO BE APPLIED TO WAGE BOARD EMPLOYEES AS TO PER ANNUM OR GRADED EMPLOYEES IN DETERMINING WHETHER TRAVEL TIME IS COMPENSABLE WHEN PERFORMED OUTSIDE OF USUAL DUTY HOURS ON REGULAR WORKDAYS. THE REGULATIONS PROVIDE THAT SUCH TRAVEL TIME IS COMPENSABLE ONLY WHEN THE TRAVEL IS PERFORMED UNDER EXTREMELY ARDUOUS CONDITIONS AS THE RESULT OF UNUSUAL CIRCUMSTANCES WHICH MAKE THE TRAVEL TIME INSEPARABLE FROM WORK DUTY. 24 COMP. IT HAS BEEN RULED THAT AUTOMOBILE TRAVEL BY NIGHT IS NOT OF ITSELF ARDUOUS TRAVEL. WHICH WE UNDERSTAND WERE REGULAR WORKDAYS. WHICH IS RETAINED IN THE FILES OF THIS OFFICE.

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B-146288, DEC. 29, 1961

TO MAJOR D. DENNEY, ACCOUNTING AND FINANCE OFFICER, GRIFFISS AIR FORCE BASE:

BY LETTER DATED JUNE 29, 1961, FILE AFPGP-C-2, HEADQUARTERS, U.S. AIR FORCE, FORWARDED TO US THE MATTER COVERED BY YOUR LETTER OF MAY 26, 1961, AND ENCLOSURES, FILE ROCA, REQUESTING ADVANCE DECISION UPON THE CLAIM OF JOSEPH T. GRABIEC DATED MAY 15, 1961, FOR OVERTIME PAY OF $50.75 FOR TWELVE AND THREE-QUARTERS HOURS OF TRAVEL TIME OUTSIDE HIS REGULAR 8-HOUR DAYS ON NOVEMBER 21 AND 22, 1960, UNDER TRAVEL ORDER NO. B-3492 DATED NOVEMBER 21, 1960, IN RENDERING OPERATIONAL EMERGENCY ASSISTANCE ON RADAR EQUIPMENT AT CASWELL AIR FORCE STATION, LIMESTONE, MAINE.

UNDER EXISTING DEPARTMENT OF THE AIR FORCE REGULATIONS (AFM 40-1, AF P9.1 -15A (A) ( WHICH WERE IN EFFECT AT THE TIME MR. GRABIEC PERFORMED THE TRAVEL FOR WHICH CLAIM IS MADE, THE SAME CRITERIA ARE TO BE APPLIED TO WAGE BOARD EMPLOYEES AS TO PER ANNUM OR GRADED EMPLOYEES IN DETERMINING WHETHER TRAVEL TIME IS COMPENSABLE WHEN PERFORMED OUTSIDE OF USUAL DUTY HOURS ON REGULAR WORKDAYS. THE REGULATIONS PROVIDE THAT SUCH TRAVEL TIME IS COMPENSABLE ONLY WHEN THE TRAVEL IS PERFORMED UNDER EXTREMELY ARDUOUS CONDITIONS AS THE RESULT OF UNUSUAL CIRCUMSTANCES WHICH MAKE THE TRAVEL TIME INSEPARABLE FROM WORK DUTY. 24 COMP. GEN. 210; ID. 456; 27 ID. 613; 30 ID. 72. IT HAS BEEN RULED THAT AUTOMOBILE TRAVEL BY NIGHT IS NOT OF ITSELF ARDUOUS TRAVEL. B 146389, AUGUST 3, 1961, COPY HEREWITH.

WE FIND NOTHING ELSE IN THE RECORD ACCOMPANYING MR. GRABIEC'S VOUCHER THAT WOULD ESTABLISH THE TRAVEL PERFORMED BY HIM ON THE NIGHTS OF NOVEMBER 21 AND 22, 1960, WHICH WE UNDERSTAND WERE REGULAR WORKDAYS, AS BEING TRAVEL UNDER ARDUOUS CONDITIONS.

THEREFORE, ON THE PRESENT RECORD THE VOUCHER, WHICH IS RETAINED IN THE FILES OF THIS OFFICE, MAY NOT BE PAID.

ALSO, ON THE PRESENT RECORD THE SAME CONCLUSION WOULD APPEAR TO BE WARRANTED REGARDING VOUCHER NO. 1047-2, AND THE 120 OTHERS--- TO WHICH YOU REFER--- IN THE ACCOUNTS OF R. GOOD, MAJOR, USAF, DISBURSING OFFICER, SYMBOL 5039, COVERING THE PERIOD DECEMBER 1958 TO MARCH 1960, WHICH WERE THE SUBJECT OF INFORMAL INQUIRY NO. 1Q0028, DATED APRIL 27, 1961, FROM THE GENERAL ACCOUNTING OFFICE.

THE ENCLOSED COPY OF OUR DECISION OF AUGUST 3, 1961, B-146389, CONTAINS A NUMBER OF EXAMPLES IN WHICH CONDITIONS OF ROADS, WEATHER OR TERRAIN OR COMBINATIONS THEREOF ARE SUCH AS TO MAKE AUTOMOBILE TRAVEL ARDUOUS. THE ANSWERS APPLY EQUALLY TO WAGE BOARD EMPLOYEES TRAVELING OUTSIDE OF REGULAR HOURS ON WORKDAYS AS TO THE PER ANNUM EMPLOYEES COVERED BY THE DECISION.

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