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B-195645 1 (1980-03-06)

handle is hein.gao/gaobadibf0001 and id is 1 raw text is: oISN THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON. 0.C. 20548 UN ITESD B-195645 DATE: March 6, 1980 MATTER DIGEST: OF:James Garcia-Standby duty at remote radar site FAA employee assigned to remote radar site at Farmington, New Mexico, has not established his entitlement to overtime compensation as standby duty for nonduty hours he remained at the worksite. Agency has determined that the radar site was manned 24 hours per day by on-duty personnel and none of the employees were ordered or required to be in a standby status. In view of agency willingness to reconsider overtime claim where employee furnishes evidence to substantiate claim, employee may submit evidence to FAA to establish that less than 24-hour on-duty coverage was provided at radar site and that he was required to remain at site in a standby status. By letter dated July 1, 1979, Mr. James Garcia, an employee of the Federal Aviation Administration (FAA), Southwest Region, appeals the Settlement Certificate of the Claims Division, dated January 31, 1979, which disallowed Mr. Garcia's laim for overtime compensation for the period August 1A9, to June 1975. This claim is incident to Mr. Garcia's contention that he was required to remain in a standby duty status as a Radar Watchstander, GS-12, at the Farmington, New Mexico, Long Range Radar Site. Mr. Garcia's claim was first received in the Claims Division on October 16, 1975. The Act of October 9, 1940, 54 Stat. 1061, as amended by section 801 of Public Law 93-604, approved January 2, 1975, 88 Stat. 1965, 31 U.S.C. 71a, provides that every claim or demand cognizable by the General Accounting Office (GAO) shall be forever barred unless received in this Office within 6 years after the date the claim first accrued. Our Office has held that the date of accrual of a claim for the purpose of the above-cited statute is to be regarded as the date the FILE:

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