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B-141292, JUL. 3, 1961

B-141292 Jul 03, 1961
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THAT LETTER CONCERNS YOUR CLAIM FOR ADDITIONAL REMUNERATION ON ACCOUNT OF OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AS AN EMPLOYEE AT REGION I. ON CERTAIN DAYS YOU WERE THE DESIGNATED DUTY OFFICER. YOUR DUTY ON SUCH DAYS WAS TO REMAIN IN THE REGIONAL HEADQUARTERS DURING OFF DUTY HOURS TO MONITOR AND TEST CHECK THE NATIONAL ATTACK WARNING SYSTEM. WE HAVE BEEN ADVISED THAT. THE WORK REQUIREMENTS OF A DUTY OFFICER CAN BE COMPLETED IN A FEW MINUTES ALTHOUGH HE IS REQUIRED TO REMAIN AT THE HEADQUARTERS DURING ALL OFF DUTY HOURS DURING THE TOUR. THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION HAS INFORMED US THAT ALL EMPLOYEES PERFORMING SERVICE AS DUTY OFFICER ARE WELL AWARE THAT THEIR SERVICES IN THAT CAPACITY ARE CONSIDERED VOLUNTARY.

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B-141292, JUL. 3, 1961

TO MR. THEODORE F. MICHOS:

YOUR LETTER OF JUNE 11, 1961, WITH ENCLOSURE, TO THE PRESIDENT OF THE UNITED STATES HAS BEEN FORWARDED TO US FOR CONSIDERATION AND REPLY. THAT LETTER CONCERNS YOUR CLAIM FOR ADDITIONAL REMUNERATION ON ACCOUNT OF OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AS AN EMPLOYEE AT REGION I, OFFICE OF CIVIL AND DEFENSE MOBILIZATION, HARVARD, MASSACHUSETTS. YOU KNOW, IN OUR SETTLEMENT OF JANUARY 12, 1960, AND AGAIN IN OUR LETTER B -141292, APRIL 13, 1960, TO THEN SENATOR JOHN F. KENNEDY OUR OFFICE DENIED YOUR CLAIM.

ON CERTAIN DAYS YOU WERE THE DESIGNATED DUTY OFFICER. YOUR DUTY ON SUCH DAYS WAS TO REMAIN IN THE REGIONAL HEADQUARTERS DURING OFF DUTY HOURS TO MONITOR AND TEST CHECK THE NATIONAL ATTACK WARNING SYSTEM. WE HAVE BEEN ADVISED THAT, BARRING AN EMERGENCY, THE WORK REQUIREMENTS OF A DUTY OFFICER CAN BE COMPLETED IN A FEW MINUTES ALTHOUGH HE IS REQUIRED TO REMAIN AT THE HEADQUARTERS DURING ALL OFF DUTY HOURS DURING THE TOUR.

THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION HAS INFORMED US THAT ALL EMPLOYEES PERFORMING SERVICE AS DUTY OFFICER ARE WELL AWARE THAT THEIR SERVICES IN THAT CAPACITY ARE CONSIDERED VOLUNTARY, THAT NO ADDITIONAL COMPENSATION IS PAID FOR SUCH SERVICES, AND THAT NO EMPLOYEE IS REQUIRED TO BE A DUTY OFFICER IF HE DOES NOT WISH TO BE ONE.

YOU CONTEND THAT YOU WERE OFFICIALLY ORDERED TO WORK AS DUTY OFFICER AND THAT SUCH DUTY IS A REGULARLY SCHEDULED ASSIGNMENT. YOU HAVE PRESENTED NO EVIDENCE IN ADDITION TO THAT WHICH WAS CONSIDERED BY OUR OFFICE IN OUR PREVIOUS ACTIONS ON YOUR CLAIM. THE FACT THAT DUTY ROSTERS SHOWING THE DAYS ON WHICH YOU WERE ASSIGNED TO DUTY WERE PUBLISHED IN YOUR REGION DOES NOT IN ITSELF PROVE THAT OVERTIME FOR DUTY OFFICERS WAS EITHER ORDERED OR APPROVED IN VIEW OF THE STATEMENTS OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION THAT SUCH ROSTERS ARE PRIMARILY FOR THE CONVENIENCE OF THE DUTY OFFICERS AND THAT DUTY OFFICERS CAN ALTER THE SCHEDULES AMONG THEMSELVES WITHOUT APPROVAL OF AN OFFICER OF THE OCDM. MOREOVER, THE ADMINISTRATIVE REPORT STATES THAT NO AUTHORIZATION OR APPROVAL OF OVERTIME COMPENSATION HAS BEEN MADE, AND COMPLETE RECORDS ARE NOT KEPT OF TIME SERVED.

A GOVERNMENT EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR SERVICES HE PERFORMS VOLUNTARILY FOR THE GOVERNMENT. BACA V. UNITED STATES, CT.CL.NO. 489-57, JUNE 8, 1960; GOODE V. UNITED STATES, 25 CT.CL. 261. IN VIEW OF THE STATEMENTS OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION THAT DUTY OFFICER SERVICES ARE PERFORMED VOLUNTARILY BY ITS EMPLOYEES AND IN VIEW OF THE ESTABLISHED RULE THAT IN CASE OF A DISAGREEMENT REGARDING FACTS OUR OFFICE MUST ACCEPT THE FACTS AS REPORTED BY THE GOVERNMENT AGENCY INVOLVED IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF, OUR PREVIOUS DENIALS OF YOUR CLAIM, ARE SUSTAINED.

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