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B-195738 1 (1980-04-01)

handle is hein.gao/gaobadidg0001 and id is 1 raw text is: 0 pTHE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195738 DATE: April 1, 1980 MATTER OF: Thomas R. Hopkins -Transfer expenses and statute of limitations DIGEST: Employee of Bureau of Indian Affairs was transferred in 1971 and received travel advance. Even though he filed claim with Bureau in 1975, it was not received in GAO until 1979 and is barred under 6 year limitation on filing claims in 31 U. S. C. 71a (1976). Nevertheless, to extent he used the travel advance for authorized trans- fer expenses, the advance may not be collected by the Bureau. B-179935, February 26, 1974. This responds to a request by Josephine Montoya, a certifying officer in the Albuquerque, New Mexico Office, Bureau of Indian Affairs, Department of the Interior, for our opinion on whether the statute of limitations precludes reimbursement for moving expenses incurred in connection with the transfer of Thomas R. Hopkins, a Bureau employee, from Washington, D. C. to Albuquerque, New Mexico in 1971. Mr. Hopkins did not submit his travel voucher to the Bureau until March 1975. Discrepancies noted in Mr. Hopkins' claim caused it to be returned to him on March 28, 1975, and Mr. Hopkins did not resubmit his claim until June 26, 1979. At issue is whether the fact that Mr. Hopkins submitted his voucher to the Bureau (albeit deficient) in March 1975; tolled the running of the statute of limitations and, if not, whether the Bureau is entitled to recover the $3, 848 travel advance given to Mr. Hopkins in September 1971. The General Accounting Office (GAO) had no notice of Mr. Hopkins' claim until August 13, 1979, when we received the certifying officer's request. Section 71a of title 31, United States Code, as amended by Pubic Law 93-604, approved January 2, 1975, bars claims which are not received in the GAO within 6 years after the date they first accrue. We have long held that the filing of a claim in the agency or administrative office concerned does not meet the requirement of 31 U.S. C. §71a. See 53 Comp. Gen. 148, 155 (1973). We are without authority to waive or modify the application of this statute. Donald B. Sylvain, B-190851, February 15, 1978. Therefore, since Mr. Hopkins' claim was not received in this Office within 6 years from the date it accrued, it is barred. However, there remains for consideration the question of the outstanding travel advance paid to Mr. Hopkins in 1971. \\ (I'S I 1,3300 I - .

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