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B-191376 1 (1978-12-27)

handle is hein.gao/gaobadgtw0001 and id is 1 raw text is: DECISION FILE: B-191376 THE COMPTROLLER GENERAL ~-~ ,77 OF THE UNITED STATES WASHINGTON, D.C. 20548 IT~ DATE: December 27, 1978 MATTER OF: Francisco Schulthess DIGEST: Claim for the difference in compensation between that of an alien employee and that of a United States citizen7is barred from consideration under 31 U.S.C. 71a since it was not received in this Office within 6 years from the date it accrued. Certificate of citizenship issued in 1976 stating claimant was United States citizen from birth merely affirms existing fact and does not give rise to any new claim which may be filed to avoid the bar of 31 U.S.C. 71a. This action is the result of a request, by counsel for Mr. Francisco Schulthess, for reconsideration of decision B-191376, May 30, 1978. That decision sustained the disallowance of Mr. Schulthess' claim for compensation on the basis that it was barred from consideration by this Office under the act of October 9, 1940, ch. 788, 54 Stat. 1061, as amended by Public Law 93-604, approved January 2, 1975, 88 Stat. 1965, 31 U.S.C. 71a, since it was not re- ceived here within 6 years from the date it first accrued. Mr. Schulthess, a retired employee of the United States Department of State, states that he was employed by the United States Government for 34 years until his retirement in 1968. All of his employment was at Manila, Philippines, and he was classified and paid as an alien employee during that employment. He states that a United States Certificate of Citizenship from the U.S. Immigration and Naturalization Service was issued to him on April 8, 1976. The certificate states that he became a United States citizen at birth, August 26, 1914. Apparently, his citizenship was based upon his father's citizenship. As a result Mr. Schulthess is claiming the difference in compensa- tion he received as an alien employee and that he would have. received as a United States citizen during his employment. In our decision of May 30, 1978, we pointed out that although it was unfortunate that Mr. Schulthess was unaware that he was a United States citizen by birth, the fact remains that his claim began to accrue at the time of his employment

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