B-158999, MAY 31, 1966
Highlights
RETURNED YOUR CLAIM IN THE AMOUNT OF $54.37 AND PAPERS ADVISING THAT CONSIDERATION OF SUCH CLAIM WAS BARRED. WHICHEVER IS LATER.'. THE RECORD SHOWS THAT THE SHIPMENT IN QUESTION WAS DELIVERED AT DESTINATION ON SEPTEMBER 18. DELIVERY AND UNPACKING CHARGES WERE PAID TO CARTER'S MOVING AND STORAGE. WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 1. WHICH WAS MORE THAN THREE YEARS AFTER ACCRUAL OF THE CLAIM OR THE PAYMENT OF CHARGES. YOU STATE THAT THE REJECTION IS NOT APPROPRIATE SINCE YOUR CLAIM WAS SUBMITTED A NUMBER OF TIMES TO THE MARINE CORPS. PROVIDE: "THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WILL NOT MEET THE REQUIREMENTS OF THIS STATUTE. SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AS REQUIRED BY LAW.
B-158999, MAY 31, 1966
TO REPUBLIC CARLOADING AND DISTRIBUTING CO. INC.:
IN YOUR LETTER OF APRIL 18, 1966, FILE TK-819695, GBL A 2892858, REPUBLIC'S SUPPLEMENTARY VOUCHER D 1886, YOU REQUEST FURTHER CONSIDERATION OF THE ACTION OF OUR TRANSPORTATION DIVISION WHICH BY LETTER OF MARCH 14, 1966, CLAIM TK-819695, RETURNED YOUR CLAIM IN THE AMOUNT OF $54.37 AND PAPERS ADVISING THAT CONSIDERATION OF SUCH CLAIM WAS BARRED, CITING SECTION 322 OF THE TRANSPORTATION ACT OF 1940 AS AMENDED BY PUBLIC LAW 85- 762, 49 U.S.C. 66.
THE CITED ACT 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 SHOWS THAT THE SHIPMENT IN QUESTION WAS DELIVERED AT DESTINATION ON SEPTEMBER 18, 1962, AND DELIVERY AND UNPACKING CHARGES WERE PAID TO CARTER'S MOVING AND STORAGE, INC., ON NOVEMBER 21, 1962. YOUR CLAIM FOR CHARGES IN THE AMOUNT OF $54.37 FOR THE MOVEMENT OF THE HOUSEHOLD GOODS FROM BAYONNE, NEW JERSEY, TO THE CONSIGNEE, CARTER'S MOVING AND STORAGE, INC., WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 1, 1965, WHICH WAS MORE THAN THREE YEARS AFTER ACCRUAL OF THE CLAIM OR THE PAYMENT OF CHARGES. YOU STATE THAT THE REJECTION IS NOT APPROPRIATE SINCE YOUR CLAIM WAS SUBMITTED A NUMBER OF TIMES TO THE MARINE CORPS. HOWEVER, THE TERMS OF THE STATUTE OF LIMITATIONS PROVIDE THAT THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.
PUBLISHED REGULATIONS OF OUR OFFICE, 4 C.F.R. 54.6 (A), PROVIDE:
"THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WILL NOT MEET THE REQUIREMENTS OF THIS STATUTE. THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 3 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'
COMPARE UNITED STATES V. UTZ, 80 FED. 848; KENNEDY V. UNITED STATES, 79 FED. 893, AFFIRMED 95 FED. 127. SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AS REQUIRED BY LAW, CONSIDERATION OF THE CLAIM IS NOW BARRED BY THE PROVISIONS OF THE STATUTE. ACCORDINGLY, THE ACTION OF OUR TRANSPORTATION DIVISION IS AFFIRMED.