B-133932, NOV. 14, 1957

B-133932: Nov 14, 1957

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BASED UPON THE ADMINISTRATIVE REPORT THAT ONLY FIFTEEN MINUTES OVERTIME WAS APPROVED AFTER THE MATTER OF PAYING FOR OVERTIME WAS CALLED TO THE ATTENTION OF THE COMMANDING OFFICER. YOU CLAIM AN ADDITIONAL FIFTEEN MINUTES YOU CONTEND YOU WERE REQUIRED TO WORK OVERTIME EACH DAY FOR THE FOREGOING PERIOD. THE LETTER IS PRESENTED AS AN AFFIDAVIT THAT YOU WERE REQUIRED TO REPORT FOR WORK THIRTY MINUTES EARLY EACH DAY. FROM THE FOREGOING IT IS EVIDENT THAT YOUR ENTITLEMENT TO AN ADDITIONAL FIFTEEN MINUTES OF OVERTIME DEPENDS UPON A QUESTION OF FACT. IT IS A RULE OF ACCOUNTING OFFICERS TO ACCEPT FACTS ADMINISTRATIVELY REPORTED RATHER THAN SELF-SERVING EVIDENCE PRESENTED BY A CLAIMANT. THAT YOU LAWFULLY WERE ORDERED TO WORK THIRTY MINUTES INSTEAD OF FIFTEEN MINUTES OVERTIME EACH DAY DURING THE PERIOD HERE INVOLVED.

B-133932, NOV. 14, 1957

TO MR. L. M. PINKERTON:

OUR SETTLEMENT DATED MAY 10, 1957, ALLOWED YOUR CLAIM FOR OVERTIME FOR THE PERIOD MAY 23, 1954, TO NOVEMBER 1, 1955, AS A CIVILIAN GUARD AT THE SEATTLE ARMY TERMINAL, FOR FIFTEEN MINUTES FOR EACH DAY WORKED DURING THAT PERIOD, BASED UPON THE ADMINISTRATIVE REPORT THAT ONLY FIFTEEN MINUTES OVERTIME WAS APPROVED AFTER THE MATTER OF PAYING FOR OVERTIME WAS CALLED TO THE ATTENTION OF THE COMMANDING OFFICER. THE ADMINISTRATIVE REPORT ALSO CONTAINS THE STATEMENT THAT "AT NO TIME SINCE 23 MAY 1954 HAS THE COMMAND REQUIRED THE GUARD FORCE TO REPORT MORE THAN FIFTEEN (15) MINUTES PRIOR TO THEIR SCHEDULED SHIFT.'

IN YOUR LETTER OF AUGUST 31, 1957, YOU CLAIM AN ADDITIONAL FIFTEEN MINUTES YOU CONTEND YOU WERE REQUIRED TO WORK OVERTIME EACH DAY FOR THE FOREGOING PERIOD. THE LETTER IS PRESENTED AS AN AFFIDAVIT THAT YOU WERE REQUIRED TO REPORT FOR WORK THIRTY MINUTES EARLY EACH DAY.

FROM THE FOREGOING IT IS EVIDENT THAT YOUR ENTITLEMENT TO AN ADDITIONAL FIFTEEN MINUTES OF OVERTIME DEPENDS UPON A QUESTION OF FACT. IT IS A RULE OF ACCOUNTING OFFICERS TO ACCEPT FACTS ADMINISTRATIVELY REPORTED RATHER THAN SELF-SERVING EVIDENCE PRESENTED BY A CLAIMANT. HOWEVER, IF YOU CAN ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE, WHICH SHOULD BE TRANSMITTED TO OUR OFFICE THROUGH OFFICIAL CHANNELS, THAT YOU LAWFULLY WERE ORDERED TO WORK THIRTY MINUTES INSTEAD OF FIFTEEN MINUTES OVERTIME EACH DAY DURING THE PERIOD HERE INVOLVED, WE WILL BE PLEASED TO FURTHER CONSIDER YOUR CLAIM.