B-160750, MAR. 7, 1967

B-160750: Mar 7, 1967

Additional Materials:

Contact:

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

 

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

WHICH WAS DISALLOWED BY OUR SETTLEMENT OF JULY 3. YOU POINT OUT THAT YOU UNDERSTAND OTHERS WHO WERE REQUIRED TO REPORT 15 MINUTES BEFORE THEIR TOUR BEGAN HAVE BEEN PAID OVERTIME THUS ESTABLISHING A PRECEDENT ENTITLING YOU TO PAYMENT OF YOUR CLAIM. THE INFORMATION CONTAINED IN THE ENCLOSURES THAT YOU SUBMIT IS ALL A PART OF OUR EXISTING RECORDS AND IT WAS FULLY CONSIDERED WHEN YOUR CLAIM WAS DISALLOWED ON JULY 3. OUR DISALLOWANCE INDICATED THAT THE OVERTIME ALLEGED TO HAVE BEEN WORKED WAS NOT AUTHORIZED OR APPROVED AS REQUIRED BY 5 U.S.C. 911. WITH RESPECT TO YOUR CONTENTION THAT YOU KNOW OF OTHERS WHO HAVE BEEN PAID FOR OVERTIME SERVICES WE MAY SAY THAT WE HAVE ALLOWED NUMEROUS CLAIMS WHERE THE OVERTIME CLAIMED WAS OFFICIALLY ORDERED OR APPROVED AS PROVIDED BY LAW.

B-160750, MAR. 7, 1967

TO MR. GEORGE E. DEATHERAGE:

YOUR LETTER OF DECEMBER 30, 1966, WITH NUMEROUS ENCLOSURES, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR OVERTIME COMPENSATION FOR THE PERIODS SEPTEMBER 1, 1953, TO JULY 10, 1956, AND JUNE 1, 1959, TO DECEMBER 30, 1959, WHICH WAS DISALLOWED BY OUR SETTLEMENT OF JULY 3, 1962. YOU POINT OUT THAT YOU UNDERSTAND OTHERS WHO WERE REQUIRED TO REPORT 15 MINUTES BEFORE THEIR TOUR BEGAN HAVE BEEN PAID OVERTIME THUS ESTABLISHING A PRECEDENT ENTITLING YOU TO PAYMENT OF YOUR CLAIM.

THE INFORMATION CONTAINED IN THE ENCLOSURES THAT YOU SUBMIT IS ALL A PART OF OUR EXISTING RECORDS AND IT WAS FULLY CONSIDERED WHEN YOUR CLAIM WAS DISALLOWED ON JULY 3, 1962. OUR DISALLOWANCE INDICATED THAT THE OVERTIME ALLEGED TO HAVE BEEN WORKED WAS NOT AUTHORIZED OR APPROVED AS REQUIRED BY 5 U.S.C. 911, NOW 5 U.S.C. 5542, BECAUSE OF SPECIAL ARRANGEMENTS IN YOUR CASE AS REPORTED BY THE DEPARTMENT OF THE NAVY.

WITH RESPECT TO YOUR CONTENTION THAT YOU KNOW OF OTHERS WHO HAVE BEEN PAID FOR OVERTIME SERVICES WE MAY SAY THAT WE HAVE ALLOWED NUMEROUS CLAIMS WHERE THE OVERTIME CLAIMED WAS OFFICIALLY ORDERED OR APPROVED AS PROVIDED BY LAW. ALSO WE HAVE DISALLOWED MANY CLAIMS WHERE OVERTIME HAS BEEN CLAIMED WITHOUT PROPER ADMINISTRATIVE AUTHORIZATION OR APPROVAL AS REQUIRED BY LAW. EACH CLAIM SUBMITTED IS CONSIDERED BASED UPON THE FACTS AND CIRCUMSTANCES AND THE LAW, REGULATIONS, C., APPERTAINING THERETO. SETTLING CLAIMS INVOLVING DISPUTED QUESTIONS OF FACTS BETWEEN THE CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, THE ESTABLISHED RULE IS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 31 COMP. GEN. 288.

IN VIEW OF THE FOREGOING OUR SETTLEMENT OF JULY 3, 1962, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.