B-181567, SEP 3, 1974

B-181567: Sep 3, 1974

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FORMER EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION (GSA) WHO IN 1974 FIRST MAKES CLAIM FOR BACK PAY INCIDENT TO HIS EMPLOYMENT WITH GSA AS A GUARD FROM 1951 TO 1961 WAS PROPERLY INFORMED THAT HIS CLAIM MAY NOT BE CONSIDERED BY OUR TRANSPORTATION AND CLAIMS DIVISION SINCE THE ACT OF OCTOBER 9. JOHNSON - BACK PAY FOR OVERTIME: THIS ACTION IS AT THE REQUEST OF MR. JOHNSON WHO IS APPEALING THE DENIAL OF HIS CLAIM BY OUR TRANSPORTATION AND CLAIMS DIVISION FOR BACK PAY BELIEVED DUE HIM INCIDENT TO HIS EMPLOYMENT AS A GUARD WITH THE GENERAL SERVICES ADMINISTRATION (GSA) FROM 1951 TO 1961. IS CLEARLY BARRED BY THE ABOVE-CITED STATUTE. THE TRANSPORTATION AND CLAIMS DIVISION WAS REQUIRED TO REFUSE CONSIDERATION OF HIS CLAIM AND ITS ACTION IS HEREBY SUSTAINED.

B-181567, SEP 3, 1974

FORMER EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION (GSA) WHO IN 1974 FIRST MAKES CLAIM FOR BACK PAY INCIDENT TO HIS EMPLOYMENT WITH GSA AS A GUARD FROM 1951 TO 1961 WAS PROPERLY INFORMED THAT HIS CLAIM MAY NOT BE CONSIDERED BY OUR TRANSPORTATION AND CLAIMS DIVISION SINCE THE ACT OF OCTOBER 9, 1940 PROHIBITS PAYMENT ON ANY CLAIM IF PRESENTED TO THE GENERAL ACCOUNTING OFFICE MORE THAN 10 YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

CHARLES J. JOHNSON - BACK PAY FOR OVERTIME:

THIS ACTION IS AT THE REQUEST OF MR. CHARLES J. JOHNSON WHO IS APPEALING THE DENIAL OF HIS CLAIM BY OUR TRANSPORTATION AND CLAIMS DIVISION FOR BACK PAY BELIEVED DUE HIM INCIDENT TO HIS EMPLOYMENT AS A GUARD WITH THE GENERAL SERVICES ADMINISTRATION (GSA) FROM 1951 TO 1961.

MR. JOHNSON, WISHING TO CLAIM BACK PAY FOR OVERTIME ALLEGEDLY PERFORMED DURING THAT PERIOD OF TIME, REQUESTED A CLAIM FORM FROM OUR TRANSPORTATION AND CLAIMS DIVISION BY LETTER DATED APRIL 8, 1974, RECEIVED IN OUR OFFICE ON APRIL 16, 1974. IN REPLY, OUR TRANSPORTATION AND CLAIMS DIVISION RETURNED MR. JOHNSON'S CLAIM WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. SECTION 1 OF THAT ACT PROVIDES THAT EVERY CLAIM OR DEMAND COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM *** SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED." SECTION 2 EXPRESSLY REQUIRES THE RETURN OF SUCH CLAIM WITH A COPY OF THE ACT AND PROVIDES THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE.

MR. JOHNSON'S CLAIM, PRESENTED 13 TO 23 YEARS AFTER THE ALLEGED ENTITLEMENT AROSE, IS CLEARLY BARRED BY THE ABOVE-CITED STATUTE. ACCORDINGLY, THE TRANSPORTATION AND CLAIMS DIVISION WAS REQUIRED TO REFUSE CONSIDERATION OF HIS CLAIM AND ITS ACTION IS HEREBY SUSTAINED.