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B-222948 1 (1987-01-09)

handle is hein.gao/gaobadmov0001 and id is 1 raw text is: 



0     A0The Comptroller General
          of the United States
          Washington, D.C. 20548
          Decision




          Matterof. Samuel Pavone and Robert Wilgus

          File:    B-222948

          Date:    January 9, 1987


          DIGEST

          1. Claims received in the General Accounting Office (GAO)
          more than 6 years after they accrue are barred from consider-
          ation. Where claims for hazardous duty differentials were
          received in GAO on April 28, 1986, portions of the claims
          that accrued prior to April 29, 1980, cannot be considered
          for payment notwithstanding that they may have been filed
          earlier in the administrative office concerned.

          2. Where employees' supervisor states that they were
          assigned to perform hazardous duty at Yuma Proving Ground
          and there is evidence showing that the employees actually
          traveled to Yuma and participated in test firings conducted
          on a range designated by regulation as hazardous, GAO cannot
          conclude that the determination made by the employees' agency
          to pay timely hazardous duty differential claims was
          arbitrary and capricious or erroneous.


          DECISION

          A certifying officer requests an advance decision to resolve
          the question of whether two employees of the Department of
          the Army may be paid hazardous pay differentials for various
          periods of temporary duty between 1975 and 1982.1/ We are
          barred from considering any claims that accrued prior to
          April 29, 1980, which is 6 years before the claims were
          received in the General Accounting Office; however, claims
          that accrued after April 28, 1980, may be allowed.




          1/ The requestor is the Finance and Accounting Officer for
          Headquarters, U.S. Army Armament, Munitions and Chemical
          Command, Dover, New Jersey.


0-5-771I

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