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B-189228(BRP) 1 (1978-12-28)

handle is hein.gao/gaobacuob0001 and id is 1 raw text is: 




                      UNITED STATES GENERAL ACCOUNTING  OFFICE
                               WASHINGTON,  D.C. 20548


OFFICE OF GENERAL COUNSEL

         In reply refer  to
         B-189228  (BRP)                           DEC Z   1$70





         Mr. Robert D. Thurston
         3035 West Ox Road
         Herndon, Virginia  22070

         Dear Mr. Thurston:

              Reference is made to your letter of November 8, 1978, with
         enclosures, in which you request review and reconsideration of
         the action dated October 17, 1978, by our Claims Division, which
         disallowed your claim for overtime compensation for the period
         January 1, 1962, through February 28, 1972, while formerly
         employed in the Office of Public Safety, Training Division,
         Agency for International Development (AID), Department of State.
         You were informed that inasmuch as your claim was first received
         in the General Accounting Office on March 8, 1978, more than
         6 years after it first accrued, the act of October 9, 1940,
         54 Stat.  1061, as amended by Public Law 93-604, approved January 2,
         1975, 88 Stat. 1965, now codified at 31 U.S.C. § 71a (1976), bars
         consideration of your claim by this Office.  A copy of the act of
         October 9, 1940, as amended, was forwarded to you by our Claims
         Division.

              In our decision, Matter of Donald E. Bordenkircher and
         Chester C. Jew, B-188089, October 31, 1977, it was determined
         that  the claims of Messrs. Bordenkircher and Jew, who were also
         employed  in the Office of Public Safety, for overtime work per-
         formed by them during the periods in question were for allowance
         by AID  in the amounts found due and if otherwise proper. By letter
         dated May 25, 1978, we informed Mr. Joseph J. La Camera, Assistant
         Controller, Employee Services Division, Office of Financial Manage-
         ment, AID,  that 14 additional claims, including your claim, submitted
         to  our Claims Division and to AID appeared to be identical to the
         claims which were the subject of B-188089, and were for allowance
         in  the amounts found due and if otherwise proper. In light of the
         provisions  of the Barring Statute, 31 U.S.C. § 71a, we included a
         listing of  the 14 additional claimants showing the date each claim
         was received  in the General Accounting Office. Your claim was
         received  in this Office on March 8, 1978.



                                      02918

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