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B-164378 1 (1976-04-28)

handle is hein.gao/gaobaddol0001 and id is 1 raw text is: 

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    KI T    E URciELS $T  A 7 -S
VJASA?-iNGTON. 0. C. 20548


B-16437fg


DATE:   APR 2 8 1976


   Llewellyn Lieber- -Overseas Dependents
   Schools--Backpay

1. Claim  of teacher in DOD Overseas Dependents
   Schcol System for backpay for the period
   1959-68, based upon allegedly improper im-
   plementation of Public Law 86-91, is controlled
   by Court of Claims holding in Crawford v.
   United States, 376 F. 2d 266 (1967). Since
   that case held that salaries were properly
   set under the law, the claim is disallowed.

2.  There is no definite time for filing request
   for reconsideration of settlement certificate
   issued by GAO  Claims Division. However,
   request received 9 years after date of set-
   tlement is not a timely request and full legal
   review will not be made. Nevertheless,
   review of factual contentions concerning claim
   for additional pay because of delay of step
   increase has been made. Review  indicates
   claim is without merit since employee took
   excessive leave without pay and, thus, delay
   was  required.


    This matter concerns a series of claims sub-mitted by Dr. Llevellyn
Lieber, a teacher employed by the  verseas Dependents School System,
Department of Defense.  By letter of March C, 171, Dr. Lieber sumn-
marized and reasserted claims she had been mk ing since about 1960,
and oresented cne entirely new claim. Actin To all of her claims was
held in abovance pending final resclution of~ i  c v. United States,
506 F. 2d 1303 (. C. Cir. 174). Cn June 0:, 175,  a uinal jud; ment
was entered in that action and that judgn ment is now being implemented.

   At this time we will render a decision concerning two of Dr. Lieber's
claims.  The remaining two claims will be irwarded to the Departmcnt
of Defense for development and comment, and they will be the subject
of a later decision.


                        I.   ACTPAY

    Sin~cj 19  r. Lie bor has been cla im ing backy for the priod


FILE:


MATTER   OF:


DIGEST:


990, /0

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