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B-184664 1 (1975-10-28)

handle is hein.gao/gaobadctu0001 and id is 1 raw text is: r DECISION FILE: MATTEF DIGEST: ( B-184664 I OF: 0tA.ER G ? p THE COMPT .-tLLER GENERAL OF THE UNITED STATESB WASHINGTON, D. C. 20548 DATE: OCT 28 1S75 Payment of Overtime Claims of Defense Attache Office Civilian Personnel in Saigon 1. Overtime performed by Defense Attache Office personnel in Saigon during the period of March 30, 1975, through April 30, 1975, immediately prior to the evacuation of American personnel from South Vietnam, was approved by the Defense Attache on June 6, 1975, after the normal procedures for approval and payment of overtime had been modified. The compensation for overtime is mandatory where the work actually performed is officially ordered or approved. See court cases cited. 2. The retroactive modification of a regulation requiring that overtime performed by Defense Attache Office (DAO) civilian personnel be specifically approved by DAG division chiefs or their designated representatives is permissible since the regulation modified was primarily designed to govern internal agency procedures rather than designed to benefit a party by entitling him to either a substantive benefit or procedural safeguard. Accordingly, if Major General Smith is the authorized official to approve the payment of overtime, his approval of June 6, 1975, is sufficient to allow payment of overtime as reported on the time and attendance reports of DAO civilian personnel. 3. 31 U. S. C. S 71, which provides that all claims by and against the Government shall be settled by the General Accounting Office, leaves to the discretion of this Office what evidence is required in support of such claims. See 22 Comp. Gen. 269. 4. Where, due to unusual circumstances, the presentation of the best evidence to support a claim will be impossible, impracticable, or will place an undue burden on the agency or individual concerned, this Office in the exercise of its discretion, will accept such other pertinent data from which the necessary information may be reconstructed, and on this basis, authorize payment. PUIBLISHED DECISION 5 Comp. Gen.. . q-7 -7 1 ,

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