B-146009, JUN. 22, 1961
Highlights
ON CERTAIN DAYS YOU WERE THE DESIGNATED DUTY OFFICER. YOUR DUTY ON SUCH DAYS WAS TO REMAIN IN THE REGIONAL HEADQUARTERS DURING OFF DUTY HOURS TO MONITOR AND TEST CHECK THE NATIONAL ATTACK WARNING SYSTEM. WE UNDERSTAND THAT THE TOTAL WORKING TIME DURING ANY ONE TOUR AS DUTY OFFICER IS LESS THAN 30 MINUTES ALTHOUGH YOU ARE REQUIRED TO REMAIN AT THE HEADQUARTERS DURING ALL OFF DUTY HOURS DURING YOUR TOUR. THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION HAS INFORMED US THAT ALL EMPLOYEES PERFORMING SERVICE AS DUTY OFFICER ARE WELL AWARE THAT THEIR SERVICES IN THAT CAPACITY ARE CONSIDERED VOLUNTARY. THAT NO ADDITIONAL COMPENSATION IS PAID FOR SUCH SERVICES. THAT NO EMPLOYEE IS REQUIRED TO BE A DUTY OFFICER IF HE DOES NOT WISH TO BE ONE.
B-146009, JUN. 22, 1961
TO MR. KONSTANTINE V. SAKOVICH:
ON MAY 14 AND MAY 18, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF MAY 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE HOURS YOU SERVED AS DUTY OFFICER IN THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION, REGION 7, SANTA ROSA, CALIFORNIA, IN ADDITION TO YOUR REGULAR TOUR OF DUTY WITH THAT REGION.
ON CERTAIN DAYS YOU WERE THE DESIGNATED DUTY OFFICER. YOUR DUTY ON SUCH DAYS WAS TO REMAIN IN THE REGIONAL HEADQUARTERS DURING OFF DUTY HOURS TO MONITOR AND TEST CHECK THE NATIONAL ATTACK WARNING SYSTEM. WE UNDERSTAND THAT THE TOTAL WORKING TIME DURING ANY ONE TOUR AS DUTY OFFICER IS LESS THAN 30 MINUTES ALTHOUGH YOU ARE REQUIRED TO REMAIN AT THE HEADQUARTERS DURING ALL OFF DUTY HOURS DURING YOUR TOUR.
THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION HAS INFORMED US THAT ALL EMPLOYEES PERFORMING SERVICE AS DUTY OFFICER ARE WELL AWARE THAT THEIR SERVICES IN THAT CAPACITY ARE CONSIDERED VOLUNTARY, THAT NO ADDITIONAL COMPENSATION IS PAID FOR SUCH SERVICES, AND THAT NO EMPLOYEE IS REQUIRED TO BE A DUTY OFFICER IF HE DOES NOT WISH TO BE ONE.
YOU CONTEND THAT YOU WERE OFFICIALLY ORDERED TO WORK AS DUTY OFFICER AND THAT SUCH DUTY IS A REGULARLY SCHEDULED ASSIGNMENT. YOU HAVE PRESENTED NO EVIDENCE IN ADDITION TO THAT WHICH WAS CONSIDERED IN OUR SETTLEMENT OF MAY 1, 1961, TO SUBSTANTIATE THAT CONTENTION OTHER THAN A STATEMENT BY MR. ROY I. POST, DIRECTOR, COMMUNICATIONS OFFICE, SHOWING THE NUMBER OF OVERTIME HOURS YOU CLAIM TO HAVE SERVED FROM MARCH 10, 1960, TO FEBRUARY 10, 1961, AS A DUTY OFFICER. HOWEVER, WE ARE INFORMALLY ADVISED BY THE ADMINISTRATIVE OFFICE THAT SINCE MR. POST IS NEITHER A CERTIFYING OFFICER NOR A TIMEKEEPER THAT IT WAS NOT HIS DUTY TO KEEP ANY OFFICIAL RECORD OF THE TIME SERVED BY EMPLOYEES AS DUTY OFFICERS. THEREFORE, HIS CERTIFICATE MAY NOT SERVE TO REFUTE THE ORIGINAL STATEMENT OF THE ADMINISTRATIVE OFFICE CONCERNING THE VOLUNTARY NATURE OF THIS DUTY WHICH WAS PERFORMED WITHOUT AUTHORIZATION OR APPROVAL OF OVERTIME COMPENSATION AND FOR WHICH COMPLETE OFFICIAL RECORDS OF TIME SERVED WERE NOT KEPT. THE FACT THAT DUTY ROSTERS SHOWING THE DAYS ON WHICH YOU WERE ASSIGNED TO DUTY WERE PUBLISHED BY YOUR REGION DOES NOT IN ITSELF ESTABLISH THAT OVERTIME FOR DUTY OFFICERS WAS EITHER ORDERED OR APPROVED IN VIEW OF THE STATEMENTS OF THE ADMINISTRATIVE OFFICE THAT SUCH ROSTERS ARE PRIMARILY FOR THE CONVENIENCE OF THE DUTY OFFICERS AND THAT DUTY OFFICERS CAN ALTER THE SCHEDULES AMONG THEMSELVES WITHOUT APPROVAL OF AN ADMINISTRATIVE OFFICER.
A GOVERNMENT EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR SERVICES HE PERFORMS VOLUNTARILY FOR THE GOVERNMENT. BACA V. UNITED STATES, CT.CL. 489-57, JUNE 8, 1960; GOODE V. UNITED STATES, 25 CT.CL. 261.
IN VIEW OF THE STATEMENTS OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION THAT DUTY OFFICER SERVICES ARE PERFORMED VOLUNTARILY BY ITS EMPLOYEES AND IN VIEW OF THE ESTABLISHED RULE THAT IN CASE OF DISPUTED QUESTIONS OF FACT OUR OFFICE MUST ACCEPT THE FACTS AS REPORTED BY THE GOVERNMENT AGENCY INVOLVED IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF, OUR SETTLEMENT OF MAY 1, 1961, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.