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B-190841 1 (1978-12-27)

handle is hein.gao/gaobadgts0001 and id is 1 raw text is: THE COMPTROLLER GENERAL .' .OF THE UNITED STATES 3 WASHINGTON. 0.C. 2054e IT v- - FILE: B-190841 DATE: December 27, 1978 MATTER OF: Freddie L. Baker - laim for retroactive compensation Claim for retroactive compensation by employee was not timely forwarded to this Office by the agency and as a result was barred from considera- tion under 31 U.S.C. 71a since it was not received in this Office within 6 years from the date it first accrued. Failure of the agency to forward the claim to this Office may not be construed as an unjustified or unwarranted personnel action under 5 U.S.C. 5596, so as to give rise to a new claim which would not be barred by 31 U.S,.C. 71a. This action is in response to a letter from the Controller of the Veterans Administration, which in effect requests reconsidera- tion of our decision B-190841, February 15, 1978. We affirm that decision for the following reasons. On June 22, 1976, Mr. Freddie L. Baker filed a claim addressed to the General Accounting Office with the Veterans Administration for backpay incident to an extended detail from a GS-9 position to GS-11 position during the period October 10, 1969, to January 31, 1971. Mr. Baker's claim was held in the agency and was not received in this Office until May 23, 1977. The act of October 9, 1940, 54 Stat. 1061, as amended by section 801 of the General Accounting Office Act of 1974, approved January 2, 1975, Public Law 93-604, 31 U.S.C. 71a, precludes the consideration of any claim not received in that Office within 6 years after the date that claim first accrued. Thus, Mr. Baker's claim was barred from consideration since no part of the period involved in the claim was received in the General Accounting Office within 6 years. In the decision of February 15, 1978, we pointed out that the filing of a claim with an administrative office does not meet the requirements of the act. We also noted the General Accounting Office is without authority to waive or modify the provisions of 31 U.S.C. 71a. DECISION DIGEST:

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