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B-191376 1 (1978-05-30)

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DECIUION *       O oF THE UNITED ETATEE
                           9 WASHINGTON, 0.0. a054U
                    LA V


FILE:   191376


DATE: May   30s 1O


MATTER OF: Francisco Schulthess


DIGEST:


A Claim for the difference in compensation
between that paid to an alien employee of
the United States who was a United States
citizen although he was unaware of this
fact and that which would have been paid
to a United States citizen for the period
May 1, 1934, to April 29, 1968, is time
barrud from consideration by 31 U.S.C.
71a (Supp. IV, 1974), since it was
received in this Office on September 21,
1976, nora than S years from the date the
claim accrued.


     This is In response to an appeal by Mr. Francisco Schuithess
from an action taken by our Claims Division an his claim for com-
pensation.  He was informed by letter dated February 22, 1977,
that his claim was time barred from consideration, since his claim
accrued more than 6 years prior to the date it was received in
this Office.

     Mr. Schulthess states that he is a retired employee of the
United States Department of State.  Ris employment consisted of
a period from May 1, 1934, to June 30, 1939, with U.S. Department
of Commerce and a period from July 1, 1939, to April 29, 1968,
with the Department of State.  During his 34 years of Federal
employment, he was employed at Manila, Philippines, and
classified as an alien employee and paid accordingly.

     On April 8, 1976, Mr. Schulthess states that he received
a United States Certificate of Citizenship from the U.S.
imaigration and Naturalization Service.  Apparently,
Mr. Schulthess claimed United States citizenship on the basis
of his father's citizenship.  The Certificate of Citizenship
Issued to him states that he became a citizen of the United
States at the time of his birth, August 26, 1914.

     Mr. Echultbess by letter dated September 17, 1976,
submitted a claim against the United States for -Le difference
in the amount of compensation he received as an alien employee
and that which he would have received as a United States citizen.


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