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B-270008 1 (1995-11-20)

handle is hein.gao/gaocrptacfv0001 and id is 1 raw text is: GAO United States General Accounting Office Memorandum Date: November 20, 1995 To: Director of Adjudication, PTLD-Sharon S. Green From: Associate General Counsel-Lowell Dodge Subject: Vietnamese Claims (Claim of Mr. Gia Huu Pham and related cases)-B-270008-O.M. This is in response to your request for guidance in your memorandum to the General Counsel dated September 29, 1995, concerning several pay claims of former foreign national employees arising from their service to the United States in the former Republic of Vietnam in 1975. In many cases, these former employees were unable to leave the Socialist Republic of Vietnam until relatively recently and have been lawfully admitted to the United States under the Department of State's Orderly Departure Program. They now seek final compensation, usually for one or two pay periods in April 1975, severance pay, or other benefits. In one case you present, copies of official National Archives and Records Administration records show that Mr. Gia Huu Pham was employed by the United States government from November 13, 1961, until the Navy separated him by a reduction-in-force action, effective April 30, 1975. However, while he was at work on April 28, 1975, acting under the orders of his last supervisor, Mr. John F. Smekal, he was struck by a stray bullet and had to be hospitalized. By the time he recovered, the People's Democratic Republic of Vietnam (now the Socialist Republic of Vietnam) had taken control, and he alleges that he did not receive compensation for the last pay period and severance pay to which he was then legally entitled. After imprisonment and other difficulties, he was lawfully admitted to the United States under the Department of State's Orderly Departure Program in October 1991. Mr. Pham filed his claim with the agency by letter dated February 1, 1992. The agency denied the claim on the ground it was barred by the applicable statute of limitations. 3071114

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