B-160306, DEC. 14, 1966

B-160306: Dec 14, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE ESSENTIAL FACTS WERE SUMMARIZED IN THE SETTLEMENT AND NEED NOT BE REPEATED HERE. YOU CLAIM AN AGGREGATE OF 179 HOURS OF ON-CALL TIME TO WHICH YOU WERE INTERMITTENTLY ASSIGNED DURING CERTAIN NIGHTS AND ON SATURDAY OR SUNDAY DURING THE APPROXIMATE TWO AND ONE-HALF YEARS IN QUESTION. OR THAT THEY WERE ACTUALLY SPENT OTHERWISE PREDOMINANTLY FOR THE BENEFIT OF THE GOVERNMENT. OUR CLAIMS DIVISION'S DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

B-160306, DEC. 14, 1966

TO MR. THEODORE H. FENSKE:

THIS REFERS TO YOUR LETTERS OF OCTOBER 11, 1966, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT OF APRIL 18, 1966, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE STANDBY DUTY SERVED AT YOUR HOME AS DUTY OFFICER DURING THE PERIOD MARCH 1963 TO OCTOBER 1965 AND DURING THE MONTH OF DECEMBER 1965, IN THE CIRCUMSTANCES DESCRIBED IN YOUR CLAIM DATED JANUARY 17, 1966. THE ESSENTIAL FACTS WERE SUMMARIZED IN THE SETTLEMENT AND NEED NOT BE REPEATED HERE.

YOU REQUEST OUR RECONSIDERATION FROM THE VIEW, WHICH YOU GIVE, THAT THE CIVIL SERVICE REGULATIONS WOULD NOT PERMIT AN AGENCY OF THE GOVERNMENT TO REQUIRE AN EMPLOYEE TO DEVOTE PERIODS RANGING FROM 10.5 TO 15.5 HOURS OF HIS OFF-DUTY TIME REMAINING AT HOME AS A DUTY OFFICER PREPARED TO HANDLE EMERGENCY BUSINESS--- LARGELY, TELEPHONE CALLS--- THAT MIGHT ARISE OUTSIDE OF NORMAL DUTY HOURS OF THE DEPARTMENT OF DEFENSE.

YOU CLAIM AN AGGREGATE OF 179 HOURS OF ON-CALL TIME TO WHICH YOU WERE INTERMITTENTLY ASSIGNED DURING CERTAIN NIGHTS AND ON SATURDAY OR SUNDAY DURING THE APPROXIMATE TWO AND ONE-HALF YEARS IN QUESTION. THE RECORD DOES NOT INDICATE THAT YOUR EMPLOYING AGENCY OFFICIALLY DESIGNATED YOUR HOME OR LIVING QUARTERS AS YOUR "DUTY STATION" OR OTHERWISE NARROWLY LIMITED YOUR WHEREABOUTS AND, THEREBY, SUBSTANTIALLY RESTRICTED YOUR ACTIVITIES DURING THOSE HOURS SOLELY TO YOUR HOME. SEE FEDERAL PERSONNEL MANUAL, SUPPLEMENT 990-1, SUBSECTION 550.143 (B) (3); ALSO DEPARTMENT OF THE AIR FORCE REGULATION AFR 40-522, JULY 19, 1962, SUPERSEDED MARCH 31, 1964.

MOREOVER, THE FACTUAL INFORMATION WHICH YOU GIVE CONTAINS NOTHING TO SHOW THAT YOU ACTUALLY WORKED DURING ANY OF THE ON-CALL HOURS YOU CLAIM, OR THAT THEY WERE ACTUALLY SPENT OTHERWISE PREDOMINANTLY FOR THE BENEFIT OF THE GOVERNMENT. SEE THE CASES OF RAPP AND HAWKINS V. UNITED STATES, 167 CT.CL. 852, 865, 340 F.2D 635, 642, CITED IN MOSS V. UNITED STATES, CT.CL. NO. 239-63 DECIDED DECEMBER 17, 1965, 353 F.2D 746. ALSO, SEE THE ENCLOSED COPIES OF OUR DECISIONS IN CASES SIMILAR TO YOURS. B-153010, MARCH 6, 1964; B-157562, DECEMBER 22, 1965; B-141846, NOVEMBER 7, 1966. COMPARE B-155326, JANUARY 6, 1965, COPY ENCLOSED.

THEREFORE, OUR CLAIMS DIVISION'S DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.