Claim for Overtime While Employed in Vietnam

A former Federal employee appealed the denial of his claim for overtime compensation for his service as a civilian employee in Vietnam. The employee submitted a claim for compensation for a 3-year period of time beginning 9 years ago. In support of his claim, he submitted letters from co-workers stating that he had worked some overtime, a form indicating that all employees were to attend morning briefings 6 days per week, and a letter from a Senior Military Advisor stating that the employee had worked long hours but that he, the Advisor, did not have authority to order him to work overtime. It was held that a portion of the claim was barred because of statutory limitations. For the unbarred portion of the claim, it was held that the evidence submitted was too vague or was irrelevant as it related to the barred portion of the claim. Although evidence which proves overtime work with mathematical certainty is not necessary, there must be a basis for arriving at a reasonable estimate of the actual number of hours worked. The evidence submitted did not provide a basis upon which to estimate the number of hours the claimant had worked. The denial of the claim was sustained.