B-127074, APR. 16, 1956

B-127074: Apr 16, 1956

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WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES STATED TO HAVE BEEN PERFORMED BY YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. WAS DISALLOWED BECAUSE THE RECORD FAILS TO SHOW THAT OVERTIME WAS AUTHORIZED PROPERLY AND RECORDED OFFICIALLY ON A TIME AND ATTENDANCE REPORT AS REQUIRED BY AIR FORCE REGULATIONS. THAT VOLUNTARY WORK BY AN EMPLOYEE OUTSIDE HIS REGULARLY SCHEDULED TOUR OF DUTY IS NOT CONSIDERED AS AUTHORIZED DUTY FOR PAY PURPOSES. IN SUPPORT OF YOUR REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM YOU FURNISH COPIES OF YOUR OWN RECORDS FOR THE PURPOSE OF SUBSTANTIATING MOST OF THE OVERTIME THAT YOU STATE WAS PERFORMED. REGARDING THE ABOVE YOU ARE ADVISED THAT THE RECORD SHOWS THAT THE FOLLOWING STATEMENT WAS FURNISHED BY EUGENE H.

B-127074, APR. 16, 1956

TO MR. PRICE E. BRITT:

YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 17, 1956, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES STATED TO HAVE BEEN PERFORMED BY YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA, DURING THE PERIOD MARCH 24, 1953, TO AUGUST 12, 1954.

YOUR CLAIM, CONSIDERED UNDER YOUR LETTER OF AUGUST 4, 1955, TO OUR OFFICE AND THAT OF OCTOBER 12, 1955, TO THE AIR FORCE CENTER, WAS DISALLOWED BECAUSE THE RECORD FAILS TO SHOW THAT OVERTIME WAS AUTHORIZED PROPERLY AND RECORDED OFFICIALLY ON A TIME AND ATTENDANCE REPORT AS REQUIRED BY AIR FORCE REGULATIONS, PARAGRAPH 6, AFM 40-1, AF P9.2, AND THAT VOLUNTARY WORK BY AN EMPLOYEE OUTSIDE HIS REGULARLY SCHEDULED TOUR OF DUTY IS NOT CONSIDERED AS AUTHORIZED DUTY FOR PAY PURPOSES.

IN SUPPORT OF YOUR REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM YOU FURNISH COPIES OF YOUR OWN RECORDS FOR THE PURPOSE OF SUBSTANTIATING MOST OF THE OVERTIME THAT YOU STATE WAS PERFORMED, TOGETHER WITH STATEMENTS OF FIVE OTHER EMPLOYEES OF THE NORTON AIR FORCE BASE, TO THE EFFECT THAT YOU PERFORMED OVERTIME SERVICES FOR THE PERIOD INVOLVED. ALSO, YOU STATE THAT YOU HAD BEEN DIRECTED TO WORK OVERTIME BY YOUR SUPERIORS TO ACCOMPLISH YOUR WORK AND THAT SUCH DIRECTION CONSTITUTES AUTHORIZATION FOR OVERTIME UNDER APPLICABLE AIR FORCE REGULATIONS.

REGARDING THE ABOVE YOU ARE ADVISED THAT THE RECORD SHOWS THAT THE FOLLOWING STATEMENT WAS FURNISHED BY EUGENE H. RIGGS, LIEUTENANT COLONEL, USAF, CHIEF, INSTALLATIONS DIVISION, NORTON AIR FORCE BASE, CONCERNING YOUR CLAIM:

"A. DURING MOST OF THE PERIOD IN QUESTION, MR. BRITT WAS CHIEF OF THE ENGINEERING BRANCH OF THE INSTALLATIONS DIVISION. IN THIS CAPACITY HE WAS NOT SPECIFICALLY REQUESTED TO WORK OVERTIME, AND ANY OVERTIME THAT HE WORKED WAS AT HIS OWN INITIATIVE.

"B. THE INSTALLATIONS DIVISION HAS NO RECORDS TO SHOW THE EXACT HOURS OF OVERTIME WORKED BY MR. BRITT DURING THIS PERIOD. UNDER THESE CIRCUMSTANCES IT WILL BE IMPOSSIBLE FOR ANYONE IN THIS DIVISION TO CERTIFY TO THE OVERTIME WORKED BY MR. BRITT.

"C. IT HAS ALWAYS BEEN THE POLICY OF THE INSTALLATION DIVISION IN COMPLIANCE WITH BASE REGULATIONS TO REQUIRE THAT OVERTIME BE APPROVED IN ADVANCE, EXCEPT IN CASES OF EMERGENCY.'

WHERE CONFLICTS OF FACTS ARISE BETWEEN THE ALLEGATIONS OF A CLAIMANT AND THE OFFICIAL RECORDS OF THE ADMINISTRATIVE OFFICE CONCERNED, THE LATTER NECESSARILY ARE PRESUMED TO BE CORRECT IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. THE PERSONALLY MAINTAINED RECORDS AND STATEMENTS FURNISHED BY YOU DO NOT HAVE THE EFFECT OF OVERCOMING THE ADMINISTRATIVE RECORDS AND REPORT IN THIS MATTER, EVEN THOUGH YOU DID PERFORM SERVICE FOR PERIODS BEYOND YOUR NORMAL TOUR OF DUTY.

"SEC. 201. OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES AS FOLLOWS: * * *"

SECTION 25.221, PAGE Z1-322 OF THE FEDERAL PERSONNEL MANUAL, IN EFFECT AT THE TIME, PROVIDED:

"SEC. 25.221. AUTHORIZATION OF OVERTIME COMPENSATION. (A) OFFICERS AND EMPLOYEES TO WHOM THIS SUBPART APPLIES SHALL BE PAID OVERTIME COMPENSATION COMPUTED AS PROVIDED IN SECTION 25.223, FOR ALL HOURS OF EMPLOYMENT OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, INCLUDING IRREGULAR OR OCCASIONAL OVERTIME DUTY.

"/C) HEADS OF DEPARTMENTS MAY DELEGATE TO ANY OFFICER OR EMPLOYEE AUTHORITY TO ORDER OR APPROVE OVERTIME IN EXCESS OF ANY THAT MAY BE INCLUDED IN THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK. NO SUCH EXCESS OVERTIME SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN SPECIFICALLY DELEGATED BY THE HEAD OF THE DEPARTMENT.'

THE REFERRED-TO PARAGRAPH 6, AFM 40-1, AF P9.2, OF THE AIR FORCE MANUAL, WHICH SUPPLEMENTED THE ABOVE CIVIL SERVICE REGULATION, REQUIRES THAT OVERTIME WORK MUST BE AUTHORIZED PROPERLY AND RECORDED OFFICIALLY.

REGARDING YOUR ALLEGATION THAT YOU WERE ADMINISTRATIVELY REQUIRED TO WORK OVERTIME WITHOUT COMPENSATION, IT WOULD APPEAR THAT ANY SUCH REQUIREMENT WOULD BE CONTRARY TO LAW. HOWEVER, IT IS A MATTER WHICH OUR OFFICE IS WITHOUT JURISDICTION TO REMEDY.

SINCE YOUR CLAIM DOES NOT REPRESENT COMPENSATION FOR OVERTIME WORK OFFICIALLY ORDERED OR APPROVED, IN WRITING, WITHIN THE CONTEMPLATION OF THE ABOVE LAW AND REGULATIONS, THERE APPEARS TO BE NO LEGAL BASIS FOR THE PAYMENT OF THE CLAIM AS OVERTIME.

ACCORDINGLY, OUR SETTLEMENT OF JANUARY 17, 1956, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.