B-128155, SEP. 17, 1956
Highlights
WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 7. INASMUCH AS MORE THAN 10 YEARS HAD ELAPSED SINCE SUCH CLAIM FIRST ACCRUED AND CONSIDERATION THEREOF WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. THE CLAIM WAS RETURNED TO YOU UNDER DATE OF JANUARY 13. IN EACH INSTANCE YOU WERE INFORMED THAT FURTHER CONSIDERATION THEREOF WAS NOT POSSIBLE.
B-128155, SEP. 17, 1956
TO MR. WILLIAM H. BURGHER:
YOUR LETTER OF AUGUST 15, 1956 (WITH ENCLOSURES), ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, CONCERNING YOUR CLAIM FOR COMPENSATION ALLEGED TO BE DUE FOR OVERTIME SERVICES RENDERED THE GOVERNMENT DURING 1942, HAS BEEN REFERRED TO THIS OFFICE FOR ACKNOWLEDGEMENT AND CONSIDERATION.
AN EXAMINATION OF OUR FILE DISCLOSES THAT YOUR CLAIM (LETTER DATED DECEMBER 2, 1955), WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 7, 1955. INASMUCH AS MORE THAN 10 YEARS HAD ELAPSED SINCE SUCH CLAIM FIRST ACCRUED AND CONSIDERATION THEREOF WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, THE CLAIM WAS RETURNED TO YOU UNDER DATE OF JANUARY 13, 1956, WITH A COPY OF THE ABOVE-CITED ACT, SECTION 2 OF WHICH READS, AS FOLLOWS:
"WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'
OUR RECORD FURTHER SHOWS THAT SINCE JANUARY 1956, THIS OFFICE HAS ACKNOWLEDGED THREE PREVIOUS LETTERS RELATING TO THE CLAIM WHICH YOU ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, AND IN EACH INSTANCE YOU WERE INFORMED THAT FURTHER CONSIDERATION THEREOF WAS NOT POSSIBLE.
SINCE OUR OFFICE CANNOT WAIVE OR DISREGARD THE STATUTORY PROVISIONS WHICH SPECIFICALLY PRECLUDE CONSIDERATION OF YOUR CLAIM, IT WILL BE NECESSARY TO FILE, WITHOUT REPLY, ANY CORRESPONDENCE ..END :