Washington, DC
U.S. Office of Personnel Management
Compensation Claim Decision
Under section 3702 of title 31, United States Code
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
05/10/2017
Date
The claimant, a former Federal employee of the Department of the Navy, seeks to receive the proceeds of an uncashed check issued to him on December 16, 1996, totaling $862.27. The claim was received by the Office of Personnel Management (OPM) on February 28, 2017. For the reasons discussed herein, the claim is denied.
In his request, the claimant states he found the uncashed check “while cleaning out [his] work space in preparation for retirement.” He explains that he contacted the Defense Finance Accounting Service, who “advised [him] the only recourse is to request a waiver to the six-year statute of limitation according to 31 [United States] Code Section 3702(b) (1) and (e) of the U.S. Code.”
Title 31 U.S.C. § 3702(b)(1), commonly known as the Barring Act, provides that every claim against the United States is barred unless such claim is received by the appropriate official or agency within six years after the date such claim first accrued. Matter of Robert O. Schultz, B-261461 (November 27, 1995). The Barring Act does not merely establish administrative guidelines; it specifically prescribes the time within which a claim must be received in order for it to be considered on its merits. Matter of Nguyen Thi Hao, B-253096, (August 11, 1995). The underlying obligation liquidated by a Treasury check is subject to the six-year limitation imposed by the Barring Act. See Payment of Unpaid Treasury Checks More Than 6 Years Old, B-244431 and B-244431.2, September 13, 1994; OPM Case Number S9601661; OPM file number 07-0055, January 29, 2008. Unless an individual submits a claim to the appropriate agency before the six-year period elapses, the claim on the obligation is barred. OPM does not have any authority to disregard the provisions of the Barring Act, make exceptions to its provisions, or waive the time limitation that it imposes. See Matter of Nguyen Thi Hao, supra; Matter of Jackie A. Murphy, B-251301 (April 23, 1993); Matter of Alfred L. Lillie, B-209955, May 31, 1983.
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee’s right to bring an action in an appropriate United States court.