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B-200639 1 (1981-04-15)

handle is hein.gao/gaobadjho0001 and id is 1 raw text is: ECISIC~hN FILE: B-200639 /7770 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: April 15, 1981 MATTER OF: Lewis E. Meyer DIGEST: A Navy employee who received 25 percent premium pay based on scheduled duty including standby duty of 168 hours per pay period may not be paid overtime compensation in addition to 25 percent premium pay under the Missing Persons Act, 5 U.S.C. 5562, even though a record shows he was scheduled for duty in excess of 168 hours before being captured by hostile forces in Vietnam. Scheduled duty in excess of 168 hours was either regularly scheduled and thus not compensable in addi- tion to standby premium pay or was irregular and could not have been the basis for con- tinued overtime pay after he was captured. Mr. Lewis E. Meyer, through his attorney, requests reconsideration of ou-rCC-lmc Dirviin'c• f claim for additional overtime compensation for the period from February 1, 1968, to March 27, 1973, when he was a civilian employee of the Department of the Navy interned by hostile forces in Vietnam. In view of the applicable provisions of law, we are sustaining our Claims Division's action. On October 29, 1967, Mr. Meyer became an assistant fire chief at the Naval Support Activity at DaNang, Vietnam. His civil service classification was that of supervisory firefighter, grade GS-9. On November 9, 1967, the basic work schedule for assistant fire chiefs at the DaNang installation was established in a written directive at 168 hours per 2-week pay period (a 24-hour on-duty shift followed by a 24-hour off-duty shift every 48 hours). The directive stated that this basic work schedule cqualified the assistant fire chiefs for addi- tional premium pay equal to 25 percent of their salaries. The written directive contained the following additional provision: 4. Due to the unique situation in the DaNang TAOR, it is necessary that the Assistant Fire Chief perform additional tasks as training, pre-fire planning, 2437F7

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