B-157518, SEP. 15, 1967

B-157518, SEP. 15, 1967

TRANSPORTATION - FREIGHT CHARGES - CLAIMS BARRED BY 3 YEAR STATUTE OF LIMITATIONS DECISION TO REA EXPRESS, INC. CONCERNING DENIAL OF PAYMENT OF 11 BILLS COVERING SHIPMENTS OF PERSONAL EFFECTS MADE IN 1961. SINCE ALL BILLS WHICH WERE SUBMITTED TO MARINE CORPS MORE THAN 3 EARS AFTER DELIVERY AND THEN FORWARDED TO GAO ARE BARRED BY 46 U.S.C. 66, ACTION IN RETURNING BILLS WITHOUT CONSIDERATION WAS PROPER.

TO REA EXPRESS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1967, FILE 30-2, IN WHICH YOU APPEAL THE DENIAL OF PAYMENT ON ELEVEN BILLS, NUMBERED C-10- 7392 THROUGH C-10-7399, C-8-8795, D-3-6291, AND C-6-7020 (C-8-60391 SUPP.). THESE BILLS WERE RETURNED BY OUR TRANSPORTATION DIVISION BECAUSE THEY WERE NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS FROM THE DATE OF DELIVERY OF THE SHIPMENTS AND THEREFORE WERE BARRED UNDER SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED BY PUBLIC LAW 85 -762, 49 U.S.C. 66.

SECTION 322, AS AMENDED, PROVIDES IN PERTINENT PART:

"* * * THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS (NOT INCLUDING ANY TIME OF WAR) FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED, OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION MADE PURSUANT TO THIS SECTION, WHICHEVER IS LATER.'

THE RECORD INDICATES THAT DELIVERY OF ALL OF THESE SHIPMENTS OF PERSONAL EFFECTS WAS MADE IN 1961. IT APPEARS THAT ALL OF YOUR BILLS WERE SUBMITTED TO THE MARINE CORPS, WASHINGTON, D.C., MORE THAN THREE YEARS AFTER DELIVERY. THE MARINE CORPS FORWARDED THE BILLS TO OUR OFFICE FOR SETTLEMENT. BECAUSE OF THE STATUTE OF LIMITATIONS OUR TRANSPORTATION DIVISION WAS OBLIGED TO RETURN ALL OF THE MENTIONED BILLS SINCE THEY WERE RECEIVED MORE THAN THREE YEARS AFTER THE SERVICE WAS PERFORMED.

AS INDICATED IN OUR LETTER OF JULY 20, 1967, IN CONNECTION WITH YOUR BILLS NUMBERED C-6-10197, C-8-8794, C-6-7016, AND D-3-11168, WHEN COMPLETE DOCUMENTARY SUPPORT IS NOT AVAILABLE AND THE THREE-YEAR PERIOD IS ABOUT TO EXPIRE A CLAIM MAY BE FILED WITH OUR OFFICE FOR THE TRANSPORTATION CHARGES DUE FROM THE GOVERNMENT, SUPPORTED BY SUCH EVIDENCE AS MAY HAVE BEEN ASSEMBLED AFTER DILIGENT EFFORT. SEE PUBLISHED REGULATIONS OF OUR OFFICE, 4 CODE OF FEDERAL REGULATIONS 54.6.

IN THE CIRCUMSTANCES, FURTHER CONSIDERATION OF YOUR CLAIMS HERE IS NOT AUTHORIZED UNDER THE LAW. ACCORDINGLY, THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION IN RETURNING YOUR CLAIMS IS AFFIRMED.