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B-229373,B-232443 1 (1990-04-04)

handle is hein.gao/gaobadnsp0001 and id is 1 raw text is: CORRECTED COPY The Comptroller General of the United States Washington, D.C. 20548 Decision Benjamin Brown and John R. Schacht - Claim for Materof: Overtime Travel during Nonduty Hours File: 8-229373; B-232443 Date: April 4, 1990 DIGEST Two Navy employees are not entitled to overtime or compensa- tory time for time spent in travel outside normal work hours to ships in response to messages requestinq technical assis- tance to correct equipment breakdowns. The employees have not presented sufficient evidence or documentation which would indicate that travel was of an immediate official necessity and to an event that was unscheduled and adminis- tratively uncontrollable so as to permit payment under 5 U.S.C. S 5542 (1988). The burden of proof is upon the claimants to establish the liability of the United States and the claimant's right to payment. DECISION This decision is in response to a request from the Commander, Navy Regional Finance Center, Washington, D.C.l/ The issue presented is whether two Navy employees are entitled to overtime compensation or compensatory time for time spent in travel outside of normal work hours. We hold that the two employees may not be paid overtime or compensa- tory time for time spent in travel outside of normal work hours since they have not presented sufficient evidence to show that the conditions which would warrant payment have been met. BACKGROUND Mr. Benjamin Brown and Mr. John R. Schacht are both employed as Electronic Technicians with the U.S. Atlantic Fleet in Norfolk, Virginia. Their claims arose as the result of travel they performed to various ships in response to casu- alty report messages which the employees have characterized Navy References: Code 431(YHW), 7240(B)(S). Cl. Vou. 89308, 3 July 84; 189310m 24 Aug. 84. : .4S 0V o 4824/141 q

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