B-159168, JUN. 15, 1966

B-159168: Jun 15, 1966

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THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR OFFICE SETTLEMENT OF APRIL 12. THE DEPARTMENT OF THE ARMY HAS FURNISHED OUR OFFICE A REPORT WHICH SHOWS THAT DURING YOUR ENTIRE TOUR OF DUTY YOU WERE NEVER ASSIGNED TO A REGULAR TOUR OF DUTY BETWEEN THE HOURS OF 6 P.M. SHOWS THAT YOU OCCASIONALLY MAY HAVE WORKED OVERTIME. IT DOES NOT APPEAR THAT 534 HOURS OF OVERTIME SERVICE AT NIGHT OVER A PERIOD IN EXCESS OF TEN YEARS (APPROXIMATELY 6 1/2 DAYS A YEAR) IS ANY INDICATION THAT THE ADMINISTRATIVE OFFICE ACTED IMPROPERLY IN FAILING TO ASSIGN YOU TO A REGULAR NIGHT SHIFT WHEREBY YOU WOULD BE ENTITLED TO NIGHT DIFFERENTIAL PAY. IS SUSTAINED.

B-159168, JUN. 15, 1966

TO MR. STANLEY R. HILL:

THIS REFERS TO LETTER OF APRIL 29, 1966, WITH ENCLOSURES, REFERENCE 4C/1815, FROM MR. J. F. GRINER, WRITTEN IN YOUR BEHALF, CONCERNING YOUR CLAIM FOR NIGHT DIFFERENTIAL PAY FOR 534 HOURS OF NIGHT DUTY AS AN AIRPLANE PILOT, GRADE GS-11, WITH THE ARMY AVIATION SCHOOL, CAMP RUCKER, ALABAMA, DURING THE PERIOD SEPTEMBER 15, 1955, TO THE PRESENT DATE.

THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR OFFICE SETTLEMENT OF APRIL 12, 1966, DISALLOWING YOUR CLAIM, AND NEED NOT BE REPEATED HERE.

CONCERNING THE TIMELY FILED PORTION OF YOUR CLAIM FOR NIGHT DIFFERENTIAL, SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 298, AS AMENDED, 68 STAT. 1110, PROVIDES FOR PAYMENT OF NIGHT DIFFERENTIAL TO EMPLOYEES ASSIGNED TO A REGULAR TOUR OF DUTY BETWEEN THE HOURS OF 6 P.M. AND 6 A.M. GENERALLY SPEAKING, THE WORK, TO CONSTITUTE "REGULARLY SCHEDULED WORK," MUST BE DULY AUTHORIZED IN ADVANCE AND MUST BE SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS. SEE 40 COMP. GEN. 397, 399. THE DEPARTMENT OF THE ARMY HAS FURNISHED OUR OFFICE A REPORT WHICH SHOWS THAT DURING YOUR ENTIRE TOUR OF DUTY YOU WERE NEVER ASSIGNED TO A REGULAR TOUR OF DUTY BETWEEN THE HOURS OF 6 P.M. AND 6 A.M.

WHILE THE ENCLOSURES FORWARDED WITH THE LETTER OF APRIL 29, 1966, SHOWS THAT YOU OCCASIONALLY MAY HAVE WORKED OVERTIME, THE DEPARTMENT OF THE ARMY HAS ADVISED OUR OFFICE THAT FOR ANY DUTIES PERFORMED BY YOU OUTSIDE YOUR REGULAR TOUR OF DUTY YOU RECEIVED COMPENSATORY LEAVE.

FURTHERMORE, IT DOES NOT APPEAR THAT 534 HOURS OF OVERTIME SERVICE AT NIGHT OVER A PERIOD IN EXCESS OF TEN YEARS (APPROXIMATELY 6 1/2 DAYS A YEAR) IS ANY INDICATION THAT THE ADMINISTRATIVE OFFICE ACTED IMPROPERLY IN FAILING TO ASSIGN YOU TO A REGULAR NIGHT SHIFT WHEREBY YOU WOULD BE ENTITLED TO NIGHT DIFFERENTIAL PAY.

THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF APRIL 12, 1966, IS SUSTAINED.