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B-198763 1 (1980-06-25)

handle is hein.gao/gaobadija0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION / OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-198763 MATTER OF: DIGEST: DATE: June 25, 1980 Ronald H. Whelan -- laim for retroactive wage adjustment2 Employee of Governor's Island Ferry claims retroactive salary adjustment and corresponding backpay for the period 1970 through 1978 on the basis that annual wage increases were not consistent with that of maritime industry in New York Harbor. In view of claims having been considered and dismissed in the Courts, see Whelan v. Brinegar, 538 F. 2d. 924 (2d Cir. 1976), and as he has not provided any evidence to show agency has exceeded the scope of its administrative discretion afforded under 5 U.S.C. 5348, the claims may not be allowed. This action is in response to an appeal by Mr. Ronald H. Whelan, an employee of the Governor's Island Ferry, United States Coast Guard, Department of Transportation (DOT), of the disallowance by the Claims Division of his claim for a retroactive salary adjustment for the period 1970 through 1978. We sustain the disallowance of his claim. Mr. Whelan's claim was first received in the Claims Division on September 20, 1977. The Act of October 9, 1940, 54 Stat. 1061., as amended by section 801 of Public Law 93-604, approved January 2, 1975, 88 Stat. 1965, 31 U.S.C. 71a, provides that every claim or demand cognizable by the General Accounting Office (GAO) shall be forever barred unless received in this Office within 6 years after the date the claim first accrued. Our Office has held that the date of accrual of a claim for the purpose of the above-cited statute is to be regarded as of the date the services were rendered and that the claim accrues on a daily basis. 29 Comp. Gen. 517 (1950). Thus, that portion of Mr. Whelan's claim which accrued prior to September 20, 1971, is barred trom consideration. 62174 9~6C g!z~/3

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