B-234500.2, Jan 2, 1990

B-234500.2: Jan 2, 1990

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CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Reimbursement - Eligibility - Time restrictions DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. That our Office could not consider his relocation expense claim because it was time barred. He argues that the 6-year limit is not applicable because an employee has no control over agency processing time before he can appeal to the General Accounting Office. Sec.3702(b)(1) requires that every claim which is to come before this Office must be received here within 6 years after it first accrued. Since the earliest correspondence concerning this matter was received here July 14.

B-234500.2, Jan 2, 1990

CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Reimbursement - Eligibility - Time restrictions DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Robert J. Morris:

Mr. Morris, through counsel, has appealed our determination in B-234500, Feb. 28, 1989, that our Office could not consider his relocation expense claim because it was time barred. He argues that the 6-year limit is not applicable because an employee has no control over agency processing time before he can appeal to the General Accounting Office.

The claims against the United States shall be adjusted and settled in the General Accounting Office. In conjunction with that provision 31 U.S.C. Sec.3702(b)(1) requires that every claim which is to come before this Office must be received here within 6 years after it first accrued.

Mr. Morris performed relocation travel on June 24, 1980, and he reported for duty at his new station approximately July 15, 1980. Since the earliest correspondence concerning this matter was received here July 14, 1988, approximately 2 years after the last date we could consider his claim, his claim is barred from our consideration.

Although the employee argues that delay by his agency caused his claim to be untimely, this does not afford him any relief from the limitations contained in 31 U.S.C. Sec.3702. Frederick C. Welch, 62 Comp.Gen. 80 (1982). However, we note that under recent amendments to our claims procedures, claims may be received by our Office or the agency out of whose activities the claim arose within 6 years from the date the claim accrued. 54 Fed. Reg. 25,437 (1989) (to be codified at 4 C.F.R. part 31). This change is effective with respect to claims not barred as of June 15, 1989.