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Pay & Leave Claim Decisions

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Office of the General Counsel

OPM Ref. # 9700609

Dear Mr. [xxx]:

The Defense Office of Hearings and Appeals has forwarded to our office the General Accounting Offices (GAO) December 3, 1996 reply to your request for waiver of a debt that arose from the overpayment of a Living Quarters Allowance (LQA) to you during the period December 14, 1986 to June 10, 1987. In that letter, the GAO determined that you did not meet the criteria for waiver. However, the GAO also advised you that, if you wanted to dispute the [agency] reconciliation of your LQA, you could appeal to the Executive branch.

Pursuant to 31 U.S.C. 3702 this office has the authority to settle claims against the Federal government involving Federal employees compensation and leave. However, we only may consider claims that properly were presented within the applicable six-year limitations period. 31 U.S.C.  3702(b). For claims arising before June 15, 1989, the claims must have been received at the GAO, rather than by the agency, within the six-year period. From the record presented to us, it appears that your claims are time barred. Accordingly, your claim is dismissed.

Very Truly Yours,

Paul Britner

Senior Attorney

cc:

Claims Appeals BoardDefense Office of Hearings and Appeals
P. O. Box 3656 Arlington, Virginia 22203-1995
DFAS-DE

Attn: [name and address]

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