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B-195564 1 (1979-09-10)

handle is hein.gao/gaobadhov0001 and id is 1 raw text is: j35~ p THE COMPTROLLER GENERAL OF THE UNITED STATES :: WASHINGTON. D..C. 20549 V'I 10 B-195564 DATE: September 10, 1979 MATTER DIGEST: OF: Russell T. Burgess - Claims - 6-Year Barring Act Employee's claim for backpay based on performance of higher grade duties from January 2, 1970, through December 2, 1973, was not received in GAO until December 1, 1978. Portion of claim from May 2, 1970, through November 30, 1972, is barred although employee's Personnel Officer furnished sworn statement that his office mailed claim to GAO on April 3, 1978. There is.no evidence that GAO received claim before December 1, 1978, after it was resubmitted when agency learned its original submission had not been received and GAO is without authority to waive 31 U. S. C. § 71a which states claim is barred unless it is received within 6 years after date claim first accrued. Mr. Wallace E. Hudgins, Personnel Officer, Anniston Army Depot, Department of the Army, has requested reconsideration of our Claims Division's settlement of the claim of Mr. Russell T. Burgess, an employee of the Department of the Army at the Anniston Army Depot.. We sustain the settlement for the reasons stated below. On April 11, 1977, Mr. Burgess filed a claim with the Department of the Army for backpay based on the performance of higher grade duties than those of his position from January 2, 1970, through December 2, 1973, and his claim was denied. The Department of the Army states that on April 3, 1978, it forwarded Mr. Burgess' claim to the General Accounting Office for settlement. By letter dated July 31, 1978, the Anniston Army Depot requested the status of Mr. Burgess' claim. The General Accounting Office, advised that it had never received the April 3 letter submitting Mr. Burgesst claim. Accordingly, it was resubmitted and was not received in this Office until December 1, 1978. E L PLt' ~AC~j7 - jk- DECISION FILE: fRc,

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