[Appeal of Disallowed Claim for Overtime Compensation]

B-215686: Dec 26, 1984

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Shirley Jones
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The claimant, an investigator for the Air Force, appealed the settlement of the Claims Group which disallowed his claim for overtime compensation for standby duty for the period from August 1963 to 1976 and for call-back overtime duty for the period from August 1963 to December 1976. The Claims Group received his claim on February 4, 1981, and in its February 1984 decision, it disallowed his claim for the period prior to February 4, 1975, on the basis that the claim was barred by the 6-year statute of limitations set forth in 31 U.S.C. 3702(b). GAO concurred with the Claims Group's decision, thus barring the period prior to February 4, 1975, from consideration. From its investigation, GAO found that the claimant was required to be available by telephone so that he could be called back to his duty station if his services were needed. Because he was not restricted to his residence and his residence was not designated as his duty station, he was not entitled to premium pay by virtue of being on standby duty. In addition, the claimant's standby or on-call status would not be considered hours of work for payment of overtime. GAO also determined that the claimant should have received overtime compensation for call-back overtime work instead of compensatory time off because he did not request time off in lieu of overtime compensation. However, payment may not be made to the claimant because he did not provide any evidence which would indicate the amount of overtime he worked for the period beginning in 1976. Accordingly, the Claims Group's disallowance of the employee's claim was sustained.