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B-185026 1 (1976-05-27)

handle is hein.gao/gaobaddlq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES VWASH INGTON, D.C. 20546 FILE: DATE: I 211976 B-185026 (MATTER OF: 0 Vernon D. Brotman - Claim for living quarters allowance DIGEST: Employee files request for reconsideration 11 years after Settlement Certificate was issued by GAO Claims Division. This Office will not consider this to be a timely request and will not make a full legal review of the settlement. Nevertheless, consideration of employee's factual contentions reveals no new evidence warranting reversal of prior determination denying eligibility for living quarters allowance. Employee's presence in overseas area was not fairly attributable to employment by US firm, service in Armed Forces, study, or travel. This action is in response to a request for reconsideration of the denial on August 12, 1964, by our Claims Division of the claim of Mr. Vernon D. Brotman for living quarters allowance (LQA) while stationed overseas. The claim was disallowed on the ground that the employee's presence in the overseas area (Okinawa) was not fairly attributable to employment by a United States firm, service in the Armed Forces, formal study, or travel. Under our regulations, 4 C.F.R. 32.1 (1975), review of settlements is discretionary with the Comptroller General, and we have generally required that requests for review be submitted within a reasonable time. Without attempting to strictly define what constitutes a reasonable time, we do not believe that a request for reconsideration submitted 11 years after the date of the settlement is a timely request for reconsideration. However, while we will not conduct a full legal review of that settlement, we will examine Mr. Brotman's factual contentions regarding the settlement. B-164378, April 28, 1976. The facts of this case are set forth in detail in the afore- mentioned Settlement Certificate and need not be repeated. Mr. Brotman contends that the reason he returned to Okinawa in 1952 was not to be with his family but rather to obtain visas in

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