B-162144, APR. 9, 1969

B-162144: Apr 9, 1969

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THE CLAIMS DIVISION OF OUR OFFICE CERTIFIED THAT THERE WAS DUE AND PAYABLE TO YOU THE NET AMOUNT OF $699.09 FOR OVERTIME WORK PERFORMED BY YOU DURING THE PERIOD FEBRUARY 20. NO CONSIDERATION WAS GIVEN TO THAT PORTION OF YOUR CLAIM FOR THE PERIOD PRIOR TO FEBRUARY 20. SINCE YOUR CLAIM FOR OVERTIME COMPENSATION UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 20. OUR CLAIMS DIVISION THOROUGHLY EXPLAINED THE REASONS UNDER-LYING THE RULING THAT YOUR CLAIM FOR OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 20. WE HAVE CAREFULLY EXAMINED THE STATEMENTS IN YOUR LETTER OF JANUARY 31.

B-162144, APR. 9, 1969

TO MR. DARWIN EARLE:

WE REFER TO YOUR LETTER OF JANUARY 31, 1969, CONCERNING YOUR CLAIM FOR PAYMENT OF OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, AS A BORDER PATROL OFFICER OF THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE.

ON FEBRUARY 15, 1968, THE CLAIMS DIVISION OF OUR OFFICE CERTIFIED THAT THERE WAS DUE AND PAYABLE TO YOU THE NET AMOUNT OF $699.09 FOR OVERTIME WORK PERFORMED BY YOU DURING THE PERIOD FEBRUARY 20, 1951, TO JULY 17, 1955. IN VIEW OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, NO CONSIDERATION WAS GIVEN TO THAT PORTION OF YOUR CLAIM FOR THE PERIOD PRIOR TO FEBRUARY 20, 1951, SINCE YOUR CLAIM FOR OVERTIME COMPENSATION UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 20, 1961.

BY LETTER DATED NOVEMBER 10, 1968, YOU OBJECTED TO THE BARRING OF YOUR CLAIM FOR THE PERIOD PRIOR TO FEBRUARY 20, 1951, ON THE BASIS THAT YOU HAD FILED A CLAIM FOR OVERTIME COMPENSATION WITH OUR OFFICE IN DECEMBER 1949. IN LETTER DATED JANUARY 9, 1969, OUR CLAIMS DIVISION THOROUGHLY EXPLAINED THE REASONS UNDER-LYING THE RULING THAT YOUR CLAIM FOR OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 20, 1961. YOU AGAIN CONTEND THAT THE CLAIM WHICH YOU FILED WITH THIS OFFICE IN DECEMBER 1949 CONSTITUTED A CLAIM FOR OVERTIME UNDER THE 1945 PAY ACT.

WE HAVE CAREFULLY EXAMINED THE STATEMENTS IN YOUR LETTER OF JANUARY 31, 1969, AND WE FIND NO BASIS FOR OVERRULING THE ACTION OF OUR CLAIMS DIVISION AS DISCUSSED ABOVE. THEREFORE, WE MUST AGAIN ADVISE YOU THAT NO CONSIDERATION MAY BE GIVEN TO THAT PORTION OF YOUR CLAIM FOR THE PERIOD PRIOR TO FEBRUARY 20, 1951.