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B-204542 1 (1981-11-30)

handle is hein.gao/gaobadjwy0001 and id is 1 raw text is: 


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              FILE;        B-204542         DATE; Novelber 30, 1981

              MATTER OFI
                           Carton L, Shepard, Jr,- Real Estate
                           Relocation Expenses -- Barring Act

                        1.  On Ovtobqr 26, 1973, a civilian tech-
                            nicion' employed by the Vergiont Army
                            HUtiona4 Guard flied claim with unit seeking
                            reimbursement for real estete'expenses in-
                            curred incident to Qhange of permanent duty
                            station on Nay 31, 1970, On,,December.20,
                            1973, unit #dvised him that it denied claim.
                            Claimant took no further actioq until
                            December 11, 1979, when he ref tled claim
                            with unit, On tty 6, 1981, after adminis-
                            trative proce5sing, the claim 'qas received
                            at GAO, Claim may not be alloiyed since
                            Act of October 9, 1940, as ameiided, 31
                            U,S,C, S 71a, bars considerati)n of claims
                            received in GAO more than 6 yejIrp after
                            date claim first accrucs. Filjtpg claim
                            with administrative office concetrned does
                            not toll the running of the statute.
                        2. GAO is without authority to waive or modify
                           the application of 31 U.S.C. S 71a, even
                           though (1) claimant may have been erroneously
                           advised he wan not entitled to reimbursement
                           for real estate expense, and (2) claimant
                           was reluctant to pursue claim for fear of
                           jeopardizing his employment situation.
                      This decs.sion is the result of an appeal from an
                 action of our Claims Group.  A claim for real estate
                 expenses incurred incident to a permapent ch~nge of
                 stati6n by Mr. Carlton L. Shepard, Jr., an exp:epted
                 technician, Vermont Army National Guard, was returned
                 ' s..DI!WAtilt_ re   i eL-n..i.tLsf.tf ice. with izt..&.yea   -.
                 from the date it first accrued (Settlement Certificate
                 Z-2831528, June 8, 1981).








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