B-142263, JUN. 28, 1960

B-142263, JUN. 28, 1960

TO MR. VICTOR R. FRASCA, C/O U.S. ARMY ENGINEER:

YOUR LETTER OF MAY 18, 1960, CONCERNS THE ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM FOR AN UNSTATED AMOUNT ALLEGED TO BE DUE FOR 266 HOURS OF COMPENSATORY TIME FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, U.S. ARMY ENGINEER DIVISION, LIMESTONE FIELD OFFICE, PORTLAND AREA, DURING THE PERIOD APRIL 13 TO JULY 27, 1959.

THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM ARE FULLY SET FORTH IN OUR DECISION OF APRIL 27, 1960, B-142263, TO YOU, AND NEED NOT BE REPEATED HERE.

ON THE BASIS OF THE RECORD BEFORE US WE HAD NO ALTERNATIVE BUT TO COME TO THE CONCLUSION WE REACHED. THE LAW (5 U.S.C. 911) AUTHORIZING OVERTIME COMPENSATION TO PER ANNUM EMPLOYEES, SUCH AS YOU, SPECIFICALLY PROVIDES THAT OVERTIME WORK TO BE COMPENSABLE MUST BE OFFICIALLY ORDERED OR APPROVED. SINCE THE DEPARTMENT OF THE ARMY WILL NOT CONCEDE THAT YOUR OVERTIME SERVICES WERE OFFICIALLY ORDERED, AND HAS NOT OTHERWISE APPROVED SUCH OVERTIME WORK, WE ARE UNABLE TO TAKE ANY FURTHER ACTION IN REGARD THERETO.

AS TO TIME LOST BECAUSE OF FAILURE TO RECEIVE NOTICE OF CANCELLATION OF YOUR SEPARATION DUE TO REDUCTION IN FORCE, YOU SAY THAT OTHERS RECEIVED THEIR MONEY WHEN THE PERSONNEL MADE A MISTAKE. IF CLAIMS UNDER IDENTICAL CIRCUMSTANCES WERE ADMINISTRATIVELY OR OTHERWISE ALLOWED, SUCH CLAIMS WOULD BE FOR CONSIDERATION IN OUR AUDIT OF THE VOUCHERS INVOLVED AND SUCH ACTION WOULD BE TAKEN WITH RESPECT THERETO AS DEEMED APPROPRIATE.