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B-205282 1 (1982-06-15)

handle is hein.gao/gaobadkjz0001 and id is 1 raw text is: 1 S o. DIT auInui10 m FILE; B-205282 MATTER OF: j omlrmor; I THI COMPTROLLER GEINERAL, OF THlI JNITED STATUS13 WAnH INGTO N, 030. 8O ,153 DATEIJune 15, 1982 ones and Short et al. Claimants argue that claims for over- time compensation for standby duty which accrued wore than 6 years from date claims wec filed in GAO should not be barred by 6-year limitation set forth at 31 us.c. S 71a on the basis that delay in filing claims with GAO was due to agency's fault, General Accounting Office is without authority to waive or modify the application of 31 U.SC, 5 71a, which provides that every claim cognizable by GAO is barred forever if it is not received in GAO within 6 years after the date it accrued, 2: Claim for additional overtime pay for standby duty may not be allowed where there is an irreconcilable dipute of facts between Government agency and the claimant as to whether claimant performed standby duty for which'he has not been compensated. Claims are settled in GAO on basis of the written record only and the burden of proot is on the claimant to establish the liability of the United States and his right to payment. See 4 C.P.R. S 31.7 (1981). Messrs. James L. Jones, Melvin B. Short and 24 other former lock operators and/or lock foremen employed by the Vicksburg District, Corps of Engineers in the Ouachita River lock and dam system through their attorneys, Messrs. Paul Flaherty and Bernard J. Hasson, Jr., have appealed the determination by our Claims Group dated August 3, 1981, that their claims were barred under 31 U.S.C. 5 71a for the period prior to 6 years from the date that the claims were first received in this Office. For the reasons set forth below, we uphold the determination by our Claims Group that the portions of these claims which accrued more than 6 years from the date that the claims were first received in this Office are barred from consideration. I/I 6 9ia

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