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B-196634 1 (1979-12-13)

handle is hein.gao/gaobadhuq0001 and id is 1 raw text is: 
FILE: B-196634


DATE:  December 13, 19T9


MATTER  OF:  Mr. Henry T. Dressler


  DIGEST:   The barring act, 31 U.S.C. 71a, establishes
            the time within which a claim against the
            Government must be received in the General
            Accounting Office in order to be considered
            on its merits and this Office has no author-
            ity to disregard its provisions or to waive
            the time limitation it imposes. Therefore,
            a claim for additional compensation by a
         ]  former employee of the U.S. Army (Polish 
         -  Guard) during 1946-1949 in occupied
            Germany is barred from consideration because
            it was first received over 28 years after
            the services were rendered.

     This action is in response to a letter from
Mr. Henry T. Dressler appealin  a settlement by our Claims
Division which disallowed his claim for additional g.pmpen-
sation believed due for service rendered The United-States
Army ;a   civilian employee from July 1946 through Janu-
ary 1949 in occupied Germany as a member of the Polish
Guard.  The disallowance was based on the provisions of
the barring act, as amended, 31 U.S.C. 71a (1976).

     Mr. Dressler contends that the additional compensa-
tion in question is payable as a result of a law which
was enacted after he performed that service and that it
was only recently he learned of his rights. Further, it
is his view that the provisions of the barring act should
not apply in his case because the Government did not
notify him of his possible additional entitlement.

     Mr. Dressler's claim against the United States is
subject to settlement in the GeneralAccounting Office.
31 U.S.C. 71 (1976).  As such it is also subject to
the barring act of October 9, 1940, ch. 788, 54 Stat.
1061, as amended by section 801 of Public Law 93-604,
88 Stat. 1959, 1965, 31 U.S.C. 71a, which provides in
part:




                            ~ 111107


                 I.I.ER Cw          /Z 11 ?      R*~*
                 ~~ THE COMPTROLLER GENERAL'
DECISION .     . OF THE UNITED STATES
              3       . WASHINGTON,      D.C.  20548

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