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OPM Contact: Paul Britner
An employee of the Department of the Air Force requests that she
be allowed to retroactively substitute Leave Without Pay for a 4
month, 28 day break in service in 1981. This claim is subject to
the Barring Act.
As provided in 31 U.S.C. 3702(b)(1), every claim against the
United States is barred unless such claim is received within 6
years after the date such claim first accrued. 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. We have no authority to
disregard the provisions of that Act or waive the time limitation
Since the claim was received more than 6 years from the date it
first accrued, the claim is barred from consideration. This Office
has no authority to waive the application of the act, and we cannot
make any exceptions to its provisions. Thus, we are precluded by
law from considering the claim.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
claimant's right to bring an action in an appropriate United States