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B-194474 1 (1979-05-03)

handle is hein.gao/gaobadhem0001 and id is 1 raw text is: DECISION II FILE: B7194474 MATTER OF: OF THE UNITED STATES WASHINGTON. D.C. 20546 DATE: My !, 1979 Mr. Harry Iredale III-'4etroactive Overtime Compensation Civilian employee of the Navy was interned in North Korea from January 23 to December 23, 1968, with the crew of the JSS Pueblo, during which time he was paid his regular salary./ His subsequent claim for overtime compensation for that period, first received in the General Accounting Office on February 24, 1977, may not be considered, since the law provides that every claim cognizable by the General Account- ing Office shall be forever barred unless such claim * * * shall be received in said office within 6 years after the date such claim first accrued * * *. 31 U.S.C. § 71a (1976). Mr. Harry Iredale III, 615 Center Street, Herndon, Virginia 22070, requests reconsideration of the determination made by our Claims Division on January 25, 1979, that his claim for over- time compensation for the period January 23, 1968, to Decem- ber 23, 1968, incident to his employment with the Department of the Navy, was barred by the 6-year statute of -limitations appli- cable to claims received in the General Accounting Office, 31 U.S.C. §.71a (1976). Mr. Iredale was serving on temporary duty as a civilian oceanographer, grade GS-9, aboard the USS Pueblo (AGER-2) when that ship was seized by North Koreans.on January 23, 1968. He was interned in North Korea until December 23, 1968. Pursuant to the Missing Persons Act, as amended and codified, 5 U.S.C. 8 5561, et seq., he received the regular compensation of his grade GS-9 position for the period of his internment, and, in addition, his 1968 income tax was refunded as the result of special legislation enacted for his benefit. Several years later, on June 2, 1975, Mr. Iredale filed a claim with the Department of the Navy for overtime compensation covering the period of his internment in 1968. It appears that he was prompted to file the claim after reading a newspaper article concerning Matter of Lawrence J. Stark, 54 Comp. Gen. 934 (1975) and 55 Comp. Gen. 147 (1975). In that case we expressed the view that a civilian employee of the Navy who was statioied in Vietnam and captured by hostile forces, was eligible for DIGEST:

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