B-152881, APR. 15, 1964

B-152881: Apr 15, 1964

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WHICH CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT OF OCTOBER 18. YOUR CONTENTION IS THAT SUCH DUTY WAS INVOLUNTARY ON YOUR PART AND THAT BY REASON THEREOF YOU ARE ENTITLED TO OVERTIME COMPENSATION FOR THE ADDITIONAL WORK PERFORMED. THE DUTIES PERFORMED BY YOU WHILE ASSIGNED AS A DUTY OFFICER WERE MINOR IN NATURE. ABSENCE FROM THE DEPOT WAS PERMITTED IF A REPLACEMENT COULD BE ARRANGED. THE ADMINISTRATIVE REPORT SHOWS THAT ONLY 4 MILITARY PERSONNEL WERE STATIONED AT THE DEPOT. HE FELT THAT EITHER MORE MILITARY OFFICERS WERE NEEDED OR THAT THE CIVILIAN SURVEILLANCE INSPECTORS. OF WHOM YOU WERE ONE. HE THEN ASKED IF THE SURVEILLANCE INSPECTORS WOULD VOLUNTARILY TAKE THIS DUTY WITHOUT ADDITIONAL COMPENSATION AND YOU WERE ONE OF THOSE WHO AGREED TO UNDERTAKE SUCH ADDITIONAL DUTY.

B-152881, APR. 15, 1964

TO MR. H. DOUGLAS BEDINGER:

YOUR LETTER OF OCTOBER 29, 1963, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES PERFORMED BY YOU AS A CIVILIAN STAFF DUTY OFFICER OUTSIDE YOUR REGULAR DUTY HOURS FROM APRIL 1961 TO FEBRUARY 1962 AT THE FORT WINGATE ORDNANCE DEPOT, GALLUP, NEW MEXICO, WHICH CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT OF OCTOBER 18, 1963.

THE ASSIGNMENT AS STAFF DUTY OFFICER INVOLVED BEING ON CALL, RECEIVING CALLS, BILLETING VISITORS IN THE GUESTHOUSE, TAKING CARE OF THE MAIL, AND KEEPING KEYS TO THE GAS PUMP AVAILABLE. YOUR CONTENTION IS THAT SUCH DUTY WAS INVOLUNTARY ON YOUR PART AND THAT BY REASON THEREOF YOU ARE ENTITLED TO OVERTIME COMPENSATION FOR THE ADDITIONAL WORK PERFORMED.

FROM THE EVIDENCE OF RECORD, THE DUTIES PERFORMED BY YOU WHILE ASSIGNED AS A DUTY OFFICER WERE MINOR IN NATURE, AND MOSTLY CONSISTED OF BEING ON CALL. ABSENCE FROM THE DEPOT WAS PERMITTED IF A REPLACEMENT COULD BE ARRANGED.

THE ADMINISTRATIVE REPORT SHOWS THAT ONLY 4 MILITARY PERSONNEL WERE STATIONED AT THE DEPOT. THE COMMANDER FELT THAT PERSONS WITH A KNOWLEDGE OF THE MISSION AND ACTIVITIES OF THE DEPOT SHOULD BE RESPONSIBLE FOR AFTER DUTY HOURS EMERGENCIES. HE FELT THAT EITHER MORE MILITARY OFFICERS WERE NEEDED OR THAT THE CIVILIAN SURVEILLANCE INSPECTORS, OF WHOM YOU WERE ONE, COULD SERVE. HE THEN ASKED IF THE SURVEILLANCE INSPECTORS WOULD VOLUNTARILY TAKE THIS DUTY WITHOUT ADDITIONAL COMPENSATION AND YOU WERE ONE OF THOSE WHO AGREED TO UNDERTAKE SUCH ADDITIONAL DUTY. HOWEVER, YOU INDICATE THAT YOU WERE COERCED INTO AGREEING TO SUCH DUTY BECAUSE OF THE POSSIBILITY OF HAVING TO GIVE UP GOVERNMENT QUARTERS IF YOU DID NOT SO AGREE. IN THAT REGARD IT WAS PRESUMABLY ADVANTAGEOUS FOR THE INSPECTORS TO VOLUNTEER FOR THIS DUTY BECAUSE IF ADDITIONAL MILITARY OFFICERS HAD BEEN OBTAINED, THEY WOULD HAVE HAD PRIORITY ON ASSIGNMENT TO QUARTERS, WHICH WOULD HAVE REQUIRED SOME CIVILIANS OCCUPYING GOVERNMENT QUARTERS TO OBTAIN THEIR OWN QUARTERS AT A GREATER EXPENSE. THE DEPARTMENT OF THE ARMY REPORTS THAT ONE OF THE EMPLOYEES WORKING AT THE INSTALLATION DURING THE PERIOD HERE INVOLVED DECLINED TO SERVE AS A STAFF DUTY OFFICER AND THAT EVEN THOUGH HE WAS OCCUPYING GOVERNMENT QUARTERS THE QUESTION OF HIS HAVING TO RELINQUISH SUCH QUARTERS NEVER AROSE. UNDER THE CIRCUMSTANCES WE DO NOT BELIEVE THERE IS A SUFFICIENT BASIS FOR THE VIEW THAT YOUR SERVICES WERE OTHER THAN VOLUNTARY. A PERSON WHO VOLUNTEERS HIS SERVICES WITHOUT COMPENSATION CANNOT THEREAFTER PROPERLY CLAIM COMPENSATION THEREFOR IRRESPECTIVE OF WHETHER THE SERVICES WOULD BE COMPENSABLE OTHERWISE. SEE BACA V. UNITED STATES, 150 CT.CL. 70 (1960).