B-162395, SEP. 20, 1967

B-162395: Sep 20, 1967

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SINCE RECORDS NECESSARY TO A DETERMINATION OF CLAIMS FOR TRAVEL AND TRANSPORTATION PERFORMED IN GERMANY AND FRANCE BETWEEN 1948 AND 1955 ARE NO LONGER AVAILABLE AND NOTHING IN THE RECORDS FURNISHED BY THE ADMINISTRATIVE OFFICE SUBSTANTIATES THE ALLEGATIONS THAT PROPER REIMBURSEMENT WAS NOT MADE THERE IS NO BASIS FOR CONSIDERATION OF THE CLAIMS. BY WHICH YOUR CLAIMS FOR CERTAIN TRAVEL AND TRANSPORTATION EXPENSES AND ADDITIONAL COMPENSATION INCIDENT TO YOUR EMPLOYMENT AT VARIOUS PLACES IN GERMANY AND FRANCE BY THE DEPARTMENT OF THE ARMY BETWEEN 1948 AND 1955 WERE DISALLOWED. YOU CLAIM UNSPECIFIED AMOUNTS OF MONEY WHICH YOU BELIEVE ARE DUE YOU FOR YOUR TRAVEL INCIDENT TO CHANGES OF YOUR OFFICIAL DUTY STATION EFFECTIVE SEPTEMBER 14.

B-162395, SEP. 20, 1967

TRAVEL EXPENSES - OVERSEAS EMPLOYEES - SALE CLAIM DECISION CONCERNING CLAIM OF FORMER EMPLOYEE OF DEPT. OF THE ARMY FOR TRAVEL AND TRANSPORTATION AT VARIOUS PLACES IN GERMANY AND FRANCE BETWEEN 1948 AND 1955. SINCE RECORDS NECESSARY TO A DETERMINATION OF CLAIMS FOR TRAVEL AND TRANSPORTATION PERFORMED IN GERMANY AND FRANCE BETWEEN 1948 AND 1955 ARE NO LONGER AVAILABLE AND NOTHING IN THE RECORDS FURNISHED BY THE ADMINISTRATIVE OFFICE SUBSTANTIATES THE ALLEGATIONS THAT PROPER REIMBURSEMENT WAS NOT MADE THERE IS NO BASIS FOR CONSIDERATION OF THE CLAIMS. THE BARRED ACT OF 1940 PRECLUDES CONSIDERATION OF CLAIMS THAT ACCRUED MORE THAN 10 YEARS BEFORE SUBMISSION TO GAO.

TO MR. FRANK E. BROUNSTEN:

ON AUGUST 25, 1967, SENATOR JACOB K. JAVITS WROTE OUR OFFICE WITH REGARD TO OFFICE CLAIMS SETTLEMENT OF JULY 11, 1967, BY WHICH YOUR CLAIMS FOR CERTAIN TRAVEL AND TRANSPORTATION EXPENSES AND ADDITIONAL COMPENSATION INCIDENT TO YOUR EMPLOYMENT AT VARIOUS PLACES IN GERMANY AND FRANCE BY THE DEPARTMENT OF THE ARMY BETWEEN 1948 AND 1955 WERE DISALLOWED.

BY LETTER OF SEPTEMBER 7, 1966, YOU CLAIM UNSPECIFIED AMOUNTS OF MONEY WHICH YOU BELIEVE ARE DUE YOU FOR YOUR TRAVEL INCIDENT TO CHANGES OF YOUR OFFICIAL DUTY STATION EFFECTIVE SEPTEMBER 14, 1949, JANUARY 28, 1951 AND SEPTEMBER 21, 1952, AND FOR YOUR DEPENDENTS' TRAVEL AND THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS INCIDENT TO THE SEPTEMBER 1952 CHANGE OF OFFICIAL STATION. YOU ALSO CLAIM AN UNSPECIFIED AMOUNT OF UNPAID COMPENSATION FOR THE PERIOD IN QUESTION ALLEGING THAT YOUR COMPENSATION WAS NOT FIXED AND ADJUSTED IN ACCORDANCE WITH THE APPLICABLE COMPENSATION SCHEDULES, AND THAT YOU WERE CHARGED ANNUAL LEAVE INSTEAD OF SICK LEAVE FOR TWO WEEKS IN 1950.

RECORDS WHICH ARE NECESSARY TO A DETERMINATION OF YOUR CLAIMS ARE NO LONGER AVAILABLE. WE NOTE THAT THERE IS NOTHING IN THE RECORDS WHICH YOU HAVE FURNISHED OR IN THE INFORMATION SUPPLIED BY THE DEPARTMENT OF THE ARMY WHICH SUBSTANTIATES YOUR STATEMENTS THAT YOU DID NOT RECEIVE PROPER REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION OR APPROPRIATE RATES OF COMPENSATION. ON THE OTHER HAND THE AVAILABLE RECORDS DO NOT ESTABLISH THAT CORRECT PAYMENTS WERE MADE TO YOU IN ALL CASES.

AS YOU WERE ADVISED IN THE CLAIMS SETTLEMENT OF JULY 11, EVERY CLAIM WHICH IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN 10YEARS AFTER THE DATE IT FIRST ACCRUED IS BARRED. 31 U.S.C. 71A. A COPY OF THE ACT WAS FURNISHED YOU WITH THE SETTLEMENT. ONE REASON FOR THE ENACTMENT OF A STATUTE OF LIMITATIONS IS TO REQUIRE PERSONS HAVING CLAIMS TO MAKE THEM WITHIN A REASONABLE TIME SO THAT PERTINENT RECORDS AND OTHER EVIDENCE WILL STILL BE AVAILABLE. THE ACTIONS ON WHICH YOUR CLAIMS ARE BASED OCCURRED MORE THAN 10 YEARS BEFORE YOU SUBMITTED SUCH CLAIMS TO OUR OFFICE AND THE RECORDS PERTINENT TO THOSE CLAIMS ARE NO LONGER IN EXISTENCE.

IN VIEW OF THE CONTROLLING PROVISIONS OF 31 U.S.C. 71A WE HAVE NO AUTHORITY TO CONSIDER THE CLAIMS YOU HAVE MADE. ACCORDINGLY, THE SETTLEMENT OF JULY 11, 1967, IS SUSTAINED.