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B-195730 1 (1980-01-11)

handle is hein.gao/gaobadhwt0001 and id is 1 raw text is: Y- THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 UNITO B-195730 DATE: January 11, 1980 MATTER OF DIGEST: Donald E. Guenther An Army civilian employee stationed overseas was given erroneous informa- tion that he was not entitled to have his deceased wife's remains trans- ported to the United States at Govern- ment expense and, therefore, he buried her overseas. Seven years later the employee learns of the mistake and requests the transportation. The request for transportation is not a money claim and is not barred by 31 U.S.C. § 71a as untimely filed. The Army has the authority under 5 U.S.C. § 5742(c) to furnish trans- portation of the remains or to pay the cost thereof; however, the cost of exhumation must be borne by the employee. We have been asked to render an advance decision as to whether thejstatute of limitations for filing claimsj against the Government bars Mr. Donald E. Guenther from having his wife's remains transported from overseas to the United States at Government expense; and, if not so barred, whether he or the Government would be responsible for the cost of exhuming the body. For the reasons to follow, the Government may pay the expense for transporting the remains but may not pay the expense for exhuming the body. This request for an advance decision was made by the Assistant Secretary of the Army (Manpower and Reserve6U Affairs) and was assigned Control No. 79-24 by the Per Diem, Travel and Transportation Allowance Committee. Mr. Guenther, a civilian employee of the Army, was working as a school teacher in Germany during 1972 when his wife passed away. Upon her death, the Army informed Mr. Guenther that he would have to make arrangements for FILE: :

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