B-144159, DEC. 22, 1960

B-144159: Dec 22, 1960

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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 WILL 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-144159, DEC. 22, 1960

TO MR. JOHN T. COLWELL:

ON SEPTEMBER 29, 1960, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF JUNE 22, 1960, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE HOURS YOU SERVED AS DUTY OFFICER IN THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION, REGION 1, HARVARD, MASSACHUSETTS, 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 WILL 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 JUNE 22 TO SUBSTANTIATE THAT CONTENTION. THE FACT THAT DUTY ROSTERS SHOWING THE DAYS ON WHICH YOU WERE ASSIGNED TO DUTY WERE PUBLISHED BY YOUR REGION DOES NOT IN ITSELF PROVE THAT OVERTIME FOR DUTY OFFICERS WAS EITHER ORDERED OR APPROVED IN VIEW OF THE STATEMENTS OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION 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 OFFICER OF THE OCDM. MOREOVER, THE ADMINISTRATIVE REPORT STATES THAT NO AUTHORIZATION OR APPROVAL OF OVERTIME COMPENSATION HASBEEN MADE, AND COMPLETE RECORDS ARE NOT KEPT OF TIME SERVED.

A GOVERNMENT EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR SERVICES HE PERFORMS VOLUNTARILY FOR THE GOVERNMENT. BACA V. UNITED STATES, CT.CL.NO. 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 A DISAGREEMENT REGARDING FACTS 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 JUNE 22, 1960, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.