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Pay & Leave Claim Decisions

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Office of the General Counsel

Matter of: [xxx]
File Number: S98002318
Date: May 20, 1999

OPM Contact: Jo-Ann Chabot

The claimant originally submitted this claim for back pay to the [agency]. However, section 3702(a)(2) of Title 31, United States Code, authorizes the United States Office of Personnel Management to settle such claims. After reviewing this claim, we find that it must be denied for the reasons stated below.

The claimant reports that, in 1965, he was selected to serve as a security guard for the [agency] in [xxx] and he served in that position for one year. He also reports that, in 1966, he transferred to the [xxx] office in [xxx] where he worked until April 29, 1975. The claimant states that, when the Americans left [xxx] on April 30, 1975, he was not given any compensation.

Because this pay claim accrued in 1975, it is subject to the Barring Act. As provided in Section 3702(b)(1) of Title 31, United States Code, every claim against the United States is barred unless such claim is received within 6 years after the date such claim first acrued. The Barring Act specifically prescribes the time within which a claim must be received in order for it to be considered on its merits. We have no authority to disregard the provisions of that Act or waive the time limitation it imposes. Accordingly, this claim for back pay must be denied.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.

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