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B-159295 1 (1983-03-28)

handle is hein.gao/gaobadkzc0001 and id is 1 raw text is: ~ s~THE COMPTROLLER GENE #I0 /V/ 17C1IN OF THE UNITED SAE DECISION ol § WAS HI N GTO N, O.C. 20548 FILE: B-159295 DATE: March 28, 1983 MATTER OF: Ralph Von Dane DIGEST: Supervisory Special Agent of Fish and Wildlife Service who agency determined piloted hazardous flights on a regular and recurring basis is not entitled to hazardous duty pay under 5 U.S.C. 5545(d) since that statutory provision permits the payment of differential only for irregular or intermittent exposures to hazard. The Comptroller General will overturn the agency's decision on employee's entitle- ment to hazardous duty differential only where there is clear and convincing evidence that agency's decision was wrong or arbitrary and capricious. By letter dated April 18, 1982, Mr. Ralph Von Dane, a retired employee of the U.S. Fish and Wildlife Service, has appealed the April 6, 19A2 action of our Claims Group which disallowed his claim for hazardous duty differential under 5 U.S.C. 5545(d) in connection with the piloting of an air- craft on low level flights. For the reasons set forth below, we hold that Mr. Von Dane is not entitled to the pay- ment of hazardous duty differential. Mr. Von Dane, who retired from the Service on June 15, 1979, has claimed entitlement to hazardous pay differential for various flights he undertook during the period from October 16, 1975, to May 22, 1979. He contends that these flights were made under circumstances which would entitle him to the payment of hazardous duty differential. The record shows that Mr. Von Dane was employed as a Supervisory Special Agent, grade GS-12, during the period in question. He has claimed hazardous duty differential for flying duties on 80 days where he believes the flights met the applicable criteria for payment of hazardous duty differential. He states that these flights were made at altitudes of 200 feet or less and were over water or rough terrain. Mr. Von Dane has excluded from his claim those flights for which he states he received hazardous duty differential - the annual December goose survey or the

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