Claim for Retroactive Overtime Compensation

A civilian employee of the Navy was interned in North Korea from January 23 to December 23, 1968, with the crew of the USS Pueblo, during which time he was paid his regular salary. In June 1975 the employee filed a claim with the Department of the Navy for overtime compensation covering the period of his internment. A disagreement arose among Navy authorities concerning the claim. Navy disbursing officers doubted whether the claimant's temporary duty assignment aboard the Pueblo could be used as a basis for computing overtime compensation. Finally, the claim was forwarded to GAO on February 24, 1977. Unfortunately, by this time the claimant was barred by the 6-year statute of limitations applicable to claims received by GAO. The claim must be received by GAO within 6 years after the date such claim first accrued (in this case, the date of the claimant's release from North Korea in December 1968). In his request for a reconsideration, the claimant stated that Navy authorities were responsible for the delay and, furthermore, the Navy should have taken care of the matter when he was released. Although much of the delay was caused when Navy authorities attempted to reconstruct the claimant's 1967 and 1968 pay records and also the dates of his internment, the burden of proof was on the claimant to establish his eligibility for the additional pay. Accordingly, the decision made by the GAO Claims Division was sustained.