B-158157, FEB. 10, 1966

B-158157: Feb 10, 1966

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WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED JULY 8. THE DEPARTMENT OF THE ARMY NOW IS OF THE VIEW THAT YOUR CLAIM MAY BE PAID ON THE BASIS THAT THE OVERTIME IN QUESTION WAS "UNSCHEDULED". PAYMENT BY THE DEPARTMENT OF THE ARMY IS AUTHORIZED.

B-158157, FEB. 10, 1966

TO MR. ANDREW M. MIGDOL:

BY LETTER OF NOVEMBER 8, 1965, MR. J. E. DOSS, ACTING IN YOUR BEHALF, REQUESTED RECONSIDERATION OF YOUR CLAIM FOR TWO HOURS CALL BACK OVERTIME FOR REPORTING FOR DUTY ON DECEMBER 5, 1964, AT 1 A.M. PURSUANT TO AN ADMINISTRATIVE AUTHORIZATION MADE PRIOR TO THE COMPLETION OF YOUR REGULAR TOUR OF DUTY ON DECEMBER 3, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED JULY 8, 1965.

THE DEPARTMENT OF THE ARMY NOW IS OF THE VIEW THAT YOUR CLAIM MAY BE PAID ON THE BASIS THAT THE OVERTIME IN QUESTION WAS "UNSCHEDULED"-- IRREGULAR OR OCCASIONAL--- OVERTIME AND ON THE BASIS OF OUR DECISION OF DECEMBER 19, 1960, B-144385, 40 COMP. GEN. 379. WE CONCUR WITH THAT DETERMINATION AND, THEREFORE, PAYMENT BY THE DEPARTMENT OF THE ARMY IS AUTHORIZED.

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