B-171783, MAY 18, 1971

B-171783: May 18, 1971

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THAT ACTION IS BEING TAKEN TO REMOVE THE ANNUAL LEAVE CHARGED CLAIMANT FOR THE TIME HE SPENT WAITING AT ELMENDORF AFB. BRAY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13. WHICH WERE FORWARDED TO THIS OFFICE FOR REPLY BY THE HONORABLE TED STEVENS. YOUR CLAIM IS FOR REINSTATEMENT OF ANNUAL LEAVE CHARGED TO YOU AND FOR PAY FOR THE SIXTH WORKDAY DURING THE 2 BASIC WORKWEEKS. LEAVE PERIOD WAS FROM 22 JUNE 70 TO 31 JULY 70. I WAS CONSTANTLY ALERTED FOR FLIGHT INFORMATION AND EXPERIENCED SEVERAL FLIGHT CANCELLATIONS DURING THIS PERIOD. DURING THIS TIME I WAS ON PCS TRAVEL ORDERS. IN TRAVEL STATUS - NO CHANGE OF ORDERS WAS MADE. YOU FURTHER STATE THAT THE DELAY YOU EXPERIENCED IN REACHING YOUR JOB SITE WAS THROUGH NO FAULT OF YOUR OWN AND THAT THERE WERE TWO COMMERCIAL FLIGHTS WEEKLY ON WHICH YOU COULD HAVE FLOWN TO SHEMYA AIR FORCE BASE.

B-171783, MAY 18, 1971

ANNUAL LEAVE CHARGED - DELAYED RETURN TO DUTY STATION ADVISING THAT THE DEPARTMENT OF THE AIR FORCE HAS INFORMED THE COMP. GEN. THAT ACTION IS BEING TAKEN TO REMOVE THE ANNUAL LEAVE CHARGED CLAIMANT FOR THE TIME HE SPENT WAITING AT ELMENDORF AFB, FOR TRANSPORTATION TO SHEMYA AFB DURING A 14-DAY PERIOD OF BAD WEATHER. HOWEVER, BECAUSE CLAIMANT PERFORMED NO WORK DURING THE SUBJECT TWO WEEK PERIOD, NO BASIS EXISTS FOR PAYMENT OF OVERTIME FOR THE SIXTH WORKDAY OF THE TWO BASIC WORKWEEKS WHILE CLAIMANT WAITED FOR TRANSPORTATION.

TO MR. JAMES D. BRAY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13, 1971, AND ENCLOSURES, ADDRESSED TO MR. BURTON H. GOLDBERG, NATIONAL REPRESENTATIVE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, WHICH WERE FORWARDED TO THIS OFFICE FOR REPLY BY THE HONORABLE TED STEVENS, UNITED STATES SENATOR.

YOUR CLAIM IS FOR REINSTATEMENT OF ANNUAL LEAVE CHARGED TO YOU AND FOR PAY FOR THE SIXTH WORKDAY DURING THE 2 BASIC WORKWEEKS, AUGUST 1 THROUGH AUGUST 14, 1970, WHILE RETURNING FROM RENEWAL AGREEMENT (HOME LEAVE) TO SHEMYA AIR FORCE BASE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

SPECIFICALLY, YOU STATE IN YOUR LETTER, IN PERTINENT PART, AS FOLLOWS:

"I COMPLETED TRAVEL AGREEMENT AT SHEMYA AFB, SERVICED BY THE CCPO AT ELMENDORF AFB, ALASKA ON 19 JUNE 70. I DEPARTED SHEMYA ON 20 JUNE 70 FOR PURPOSE OF ANNUAL LEAVE AS AGREED UPON IN TRAVEL AGREEMENT. PRIOR TO MY DEPARTURE, I SIGNED A NEW TRAVEL AGREEMENT FOR PERIOD OF ONE YEAR. LEAVE PERIOD WAS FROM 22 JUNE 70 TO 31 JULY 70.

"I DEPARTED FROM HOME IN BOX ELDER, S. DAKOTA AT 1400 ON 29 JULY 70, ARRIVING AT MCCHORD AFB ON 30 JULY 70 FOR FLIGHT TO ELMENDORF AFB, ALASKA. I DEPARTED MCCHORD AT 0900 ON 30 JULY 70 AND ARRIVED AT ELMENDORF AFB AT 1200 ON 30 JULY 70, AND PLACED MY NAME ON THE MANIFEST FOR FLIGHT SCHEDULED TO DEPART ELMENDORF AFB FOR SHEMYA AFB ON SATURDAY, 1 AUGUST 70. DUE TO ADVERSE WEATHER CONDITIONS, WE DID NOT LAND AT SHEMYA, BUT RETURNED TO ELMENDORF AFB. WE MADE ANOTHER FLIGHT ON 12 AUGUST WITH THE SAME RESULTS, RETURNING TO ELMENDORF AFB. I WAS CONSTANTLY ALERTED FOR FLIGHT INFORMATION AND EXPERIENCED SEVERAL FLIGHT CANCELLATIONS DURING THIS PERIOD. DURING THIS TIME I WAS ON PCS TRAVEL ORDERS, IN TRAVEL STATUS - NO CHANGE OF ORDERS WAS MADE. I FINALLY ARRIVED AT SHEMYA AFB AT 1715 ON 14 AUGUST 70.

"IT HAS BEEN CUSTOMARY TO CARRY AN EMPLOYEE ON THE PAYROLL AT SHEMYA WORK WEEK SCHEDULE (48 HOUR WEEK) AFTER HAVING CHECKED IN ELMENDORF AFB FOR SHEMYA FLIGHTS, FOR THE FIRST SCHEDULED FLIGHT THEREAFTER." YOU FURTHER STATE THAT THE DELAY YOU EXPERIENCED IN REACHING YOUR JOB SITE WAS THROUGH NO FAULT OF YOUR OWN AND THAT THERE WERE TWO COMMERCIAL FLIGHTS WEEKLY ON WHICH YOU COULD HAVE FLOWN TO SHEMYA AIR FORCE BASE, PROVIDED OFFICIALS AT ELMENDORF HAD ISSUED A TRAVEL REQUEST THEREFOR OR HAD GIVEN YOU PERMISSION TO TRAVEL BY COMMERCIAL AIRCRAFT TO THE BASE.

THE CHARGING OF ANNUAL LEAVE IN A SITUATION SUCH AS YOURS IS PRIMARILY A MATTER FOR CONSIDERATION BY THE DEPARTMENT OF THE AIR FORCE. HOWEVER, WE REQUESTED A REPORT FROM THE DEPARTMENT AND HAVE ALSO BEEN IN CONTACT INFORMALLY WITH REPRESENTATIVES OF SUCH DEPARTMENT IN REGARD TO THE CHARGING OF ANNUAL LEAVE UNDER THE CIRCUMSTANCES RELATED. IT IS NOW OUR UNDERSTANDING THAT ACTION IS BEING TAKEN TO REMOVE THE CHARGE AGAINST YOUR ANNUAL LEAVE ACCOUNT FOR THE TIME YOU SPENT WAITING AT ELMENDORF AFB FOR TRANSPORTATION ON TO SHEMYA. WE ASSUME YOU WILL BE ADVISED TO THAT EFFECT IN DUE COURSE.

AS TO YOUR ENTITLEMENT TO PAY FOR THE SIXTH WORKDAY OF THE 2 BASIC WORKWEEKS, AUGUST 1 THROUGH AUGUST 14, 1970, WHILE AWAITING TRANSPORTATION TO SHEMYA, THE RECORD DISCLOSES THAT YOU PERFORMED NO WORK DURING THIS PERIOD. SECTION 5542(A), 5 U.S.C. AUTHORIZES PAYMENT OF OVERTIME COMPENSATION "FOR ALL HOURS OF EMPLOYMENT OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK." THIS CLEARLY CONTEMPLATES THE ACTUAL PERFORMANCE OF REQUIRED DUTY DURING THE PRESCRIBED OVERTIME PERIOD. SEE B-51218, PUBLISHED AT 25 COMP. GEN. 151 (1945), QUESTION AND ANSWER NO. 4, COPY ENCLOSED. HENCE, THERE IS NO AUTHORIZATION FOR THE PAYMENT OF OVERTIME COMPENSATION FOR THE 2 SIXTH WORKDAYS IN QUESTION.