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B-229067.2 1 (1990-02-28)

handle is hein.gao/gaobadnrx0001 and id is 1 raw text is: 



PAAThe Comptroller General
           of the United States
           Washington, D.C. 20548

           Decision

                     Aimee A. Stover - Reconsideration - Overtime Claim
                     for Travel Outside Duty Hours
           Matter of:

           File:      B-229067.2

           Date:      February 28, 1990

           DIGEST

           Employee was required to perform temporary duty at various
           refineries 2 or 3 days in advance of ships' estimated
           arrivals. This need to perform duties at various times with
           2 or 3 days' advance notice was an administratively
           controllable event by either the agency or the employee, and
           therefore her travel outside of normal hours is not
           compensable as overtime under 5 U.S.C. S 5542(b)(2)(B)(iv).


           DECISION

           Ms. Aimee A. Stover, a civilian employee of the Defense
           Logistics Agency (DLA), Department of Defense, has requested
           that we reconsider our decision, Aimee A. Stover, B-229067,
           Nov. 29, 1988, which denied her claim for overtime pay for
           travel performed in connection with her official duty.
           Since we again find that the circumstances of Ms. Stover's
           travel do not meet the conditions specified in the statute
           which authorizes overtime pay, we must again deny her claim.

           The facts of this case, which are more fully stated in our
           previous decision, may be summarized as follows. From
           February 1984 through December 1985, DLA assigned Ms. Stover
           to the Island of Curacao in the Netherlands Antilles. Her
           duty hours were 7:30 a.m. to 4 p.m., Monday through Friday.
           Her assignment involved inspectinq ships loading fuel
           products purchased by the United States. This required
           considerable travel throughout the Caribbean and Latin
           America. She claims 235 hours and 30 minutes of overtime
           for travel performed outside of her official duty hours
           during the period of this assignment.

           At the outset of her assignment, Ms. Stover was issued
           blanket travel orders. She was instructed to keep informed
           of the arrival dates of ships in the area for which she was
           responsible. This information was available to Ms. Stover
           from the U.S. Consulate in Curacao and from telexes from the




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