B-125610, FEB. 9, 1956

B-125610, FEB. 9, 1956

TO MR. JAMES QUALL NO. 83870:

YOUR LETTER OF DECEMBER 15, 1955, REQUESTS FURTHER CONSIDERATION OF OUR DECISION OF DECEMBER 12, 1955, B-125610, IN WHICH YOU WERE ADVISED, AMONG OTHER THINGS, THAT SINCE YOUR CLAIM FOR MONEY BELIEVED DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY FROM DECEMBER 19, 1943, TO JUNE 2, 1944, WAS NOT RECEIVED HERE IN THE GENERAL ACCOUNTING OFFICE UNTIL NOVEMBER 21, 1955, CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU INDICATE THAT YOU BELIEVE VARIOUS LETTERS WRITTEN BY YOU TO THE DEPARTMENT OF THE NAVY AND ELSEWHERE SHOULD BE CONSIDERED AS TANTAMOUNT TO A CLAIM FILED WITHIN THE STATUTORY PERIOD.

THE APPLICABLE SECTION OF THE STATUTE IS QUOTED IN FULL IN OUR DECISION OF DECEMBER 12, 1955, AND NEED NOT BE REPEATED HERE. IT WILL BE OBSERVED THAT THE STATUTE, WITH EXCEPTIONS NOT HERE MATERIAL, EXPRESSLY BARS EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, AND THE ACT OF APRIL 10, 1928, UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE PERIOD THERE SPECIFIED. THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT DOES NOT MEET THE STATUTORY REQUIREMENT. THEREFORE, SINCE YOUR CLAIM IS ONE OF A CLASS WHICH IS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, AND SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE PERIOD SPECIFIED IN SECTION 1 OF THE ACT OF OCTOBER 9, 1940, WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT UNDER THE TERMS OF THE STATUTE THE CLAIM IS BARRED AND MAY NOT BE CONSIDERED BY US. ..END :