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B-170177 1 (1979-08-23)

handle is hein.gao/gaobadhnx0001 and id is 1 raw text is: 1LZ0 & THE COMPTROLLER GENERAL DECISION * OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-170177 DATE: *August 23, 1979 M-TER OF: Wesley L. Goecker - Statut of Limitations - Living Quarters Allowancej DIGEST: 1. Time limit for filing claims in GAO was changed from 10 to 6 years effective July 2, 1975, and claims received on that date which accrued prior to July 2, 1969, are barred. 2. GAO has no basis for overturning administrative determination, r-equ±red-by-regutations, which fixed approved rent ceiling for employee's overseas private quarters at Emount below rent he was actually, paying and thereby disqualified-,ployee for payment of living quarters allowance (LQA). Governing law and regulations give agencies considerable discre- tion concerning payment of LQA and there is no evi- dence of arbitrary and capricious exercise of discretion by agency. ) Mr. Wesley L. Goecker has requested review of the disallowance of his claim for a living quarters allowance (LQA) from February 25, 1966, to August 6, 1969. During this period he was a civilian em- ployee of the U.S. Army Corps of Engineers stationed in Japan where he rented private quarters. (The Army and the Air Force, which admin- istered housing in the area, refused to grant him an LQA, initially on the ground that suitable Government quarters were available and later on the ground that the quarters he rented were not approved private housing as defined by governing regulations because the rent was in excess of the approved ceiling. Mr. Goecker's claim was disallowed by e C1xims Division of the-Generai-Accounting.Office (GAO) because (1) it was received in GAO on July 2, 1975, the effective date of the change in the time limit for filing claims in GAO from 10 to 6 years and, therefore, that portion of the claim which accrued more than 6 years before receipt, i.e., prior to July 2, 1969, was barred, and (2) controlling regulations made the granting of an LQA discretionary with the employ- ing agency and GAO had no authority to overrule the agency's determina- tion regarding the claimant's entitlement in the absence of evidence that it was arbitrary or capricious. Mr. Goecker contends that no part of his claim is barred because a letter dated March 14, 1975, from the Director, Transportation and

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