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B-197980 1 (1980-05-09)

handle is hein.gao/gaobadiga0001 and id is 1 raw text is: DECISION FILE: B-197 MATTER OF: LILES I `-HE COMPTROLLER GENERAL OF THE UNITED STATES W ' ~ \AASHWNGTON, c..r. 20548 zi$f - 980 DATE: May 9, 1980 Louis Osbourne - Overtime compe ation in lieu of compensatory time off (1) Former Air Force employee requests reconsideration of Claims Division disallowance of claim for overtime compensation in lieu of compensatory time off for period December 1971 through August 1977. Claimant bases request for reconsideration on dispute of fact with agency. Where written statements submitted by a Government agency and individual claimant present irreconcilable dispute of fact, this Office has no alternative but to ac- cept agency's statement of facts. Since claim is doubtful due to lack of suitable evidence we must deny -claim and leave claimant to remedy in courts. See Lawrence J.-McCarren, B-181632, February 12, 1980. (2) In claim for overtime compensation in lieu of compensatory time off, claimant contends he was never advised of his rights pursuant to Federal Personnel Manual, chapter 550, S1-3d. and that he was administratively pressured to accept, as opposed to requesting, compensatory time off. However, in accordance with Air Force regulations, employee's initialing of time cards provides contrary evidence of employee's understanding that he was requesting compensatory time off in lieu of over- time pay. Resulting factual dispute on which appeal is based is of insufficient probative value to permit payment of the claim. Mr. Louis Osbourne requests reconsideration of his claim for overtime compensation in lieu of compensatory time for the period December 1971 through August 1977, as an employee of the Department of the Air Force. The claim was disallowed by our Claims Division on January 11, 1980. ye~e?~< -Z 2

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