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B-176934 1 (1976-07-26)

handle is hein.gao/gaobaddmk0001 and id is 1 raw text is: -I L ;A THE COMPTROLLER GENERAL DECII . . OF THE UNITED STATES WASHINGTON, D.C. 2054S FILE: DATE: JUL 2 61976 B-176934 MATTER OF: Hugh J. Hyde - Standby duty DIGEST: Based upon the determination of the Court of Claims in Hugh J. Hyde-v. United States, Ct. C1. No. 322- 3, decided April 16, 1976, 52 Camp. Gen. 587 (1973), which denied petitioner Hyde overtime compen- saticn for time spent in a standby status, is overruled. Where petitioner's performance of the Duty Security Officer function required him to remain at his residence located within the limits of his duty station, the Court found that, under the particular circumstances, his whereabouts were narrowly limited and his activities substantially restricted so as to entitle him to, overtime compensation. This action is in response to a request by Mr. Hugh J. Hyde for reconsideration of our decision in 52 Comp. Gen. 587 (1973) denying him overtime compensation for time claimed to have been spent in a standby status. His request is based on the favorable disposition of the same issue by the Court of Claims in Hugh J. Hyde v. United States, Ct. Cl. No. 322-73, decided April 16, 1S76. Incident to that request, Mr. Hyde seeks recovery of overtime compensation for the period prior to August 23, 1967, during which he served as Duty Security Officer at the Naval Ship Research and Development Center, Acoustic Research Detachment, Bayview, Idaho. A part of that period is not covered by the Court of Claims judgment because it is outside the 6-year statute of limitations applicable to the Court of Claims, but it is within the 10-year period that was allowed for claims filed with this Office under the Barring Act, 31 U. S. C. 5 71a, as in effect when Mr. Hyde filed his claim. The facts relied on by this Cffice in previously denying Mr. Hyde's claim for overtime compensation are set forth in 52 Comp. Gen. 587, supra. Based on those facts we were unable PUBLISHED DECISION 55 ComeD. Gen...**

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