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B-193856.4 1 (1992-06-19)

handle is hein.gao/gaobadocc0001 and id is 1 raw text is: V/ c I< CR5 SComptroler General of the United States Washington, D.C. 20548 Decision Matter of: Commander James H. Baker, USN (Retired) File: B-193856.4 Date: June 19, 1992 DIGEST Claim for recovery of funds withheld from retired officer's last active duty pay to settle a charge for excess weight in a shipment of claimant's household goods is barred by 31 U.S.C. § 3702(b) (1), because it was not filed at our Office until 1991, more than 6 years after the 1982 accrual date of the claim. Claimant's 1982 request to the agency that it forward his claim to our Office does not avoid the bar. However, service's claim for remainder of debt is also barred because administrative offset was not initiated within 10 years. DECISION Commander James H. Baker, USN (Retired), has appealed the denial by our Claims Group of his claim for $2,977.28 of which $1,562.89 was withheld from his last active duty pay in 1982 and the remaining $1,414.39 which the Navy now wants to deduct from his retired pay. Commander Baker filed for an adjustment in March 1982 with the Navy Material Transportation Office (NMTO) to recover funds that had been withheld from his pay to settle a charge for excess weight in the shipment of his household good from Seattle, Washington, to Alexandria, Virginia. The claim was based on discrepancies Commander Baker said he found in the weight tickets submitted by the household goods carrier. When the request for adjustment was denied, Commander Baker states that he filed a DD Form 1351-2 on September 23, 1982, with the NMTO so that they could forward it to our Office to appeal the denial. Our Claims Group denied Commander Baker's claim, filed first with our Office on November 12, 1991, because it was barred by 31 U.S.C. § 3702(b) (1) which states that every claim C)s4 75-7 /H6 168

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