B-148425, JUN. 22, 1965
Highlights
YOU WERE ADVISED BY LETTERS DATED JANUARY 22. THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STATE CLAIMS. THE LIMITATION PRESCRIBED BY THE STATUTE UPON THE CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. YOUR CASE IS NO DIFFERENT FROM THAT OF ANY OTHER CLAIMANT WHO FAILED TO ASSERT HIS RIGHTS WITHIN THE TIME ALLOWED FOR CONSIDERATION OF HIS CLAIM.
B-148425, JUN. 22, 1965
TO MR. ALBERTO EPIZ:
YOUR LETTER DATED APRIL 25, 1965, AGAIN REQUESTS CONSIDERATION OF YOUR CLAIM FOR FOREIGN SERVICE PAY INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT DURING THE PERIOD FROM DECEMBER 4, 1946, TO DECEMBER 4, 1948.
YOU WERE ADVISED BY LETTERS DATED JANUARY 22, 1960, AND APRIL 22, 1960, AND BY OUR DECISIONS B-148425 OF APRIL 3 AND AUGUST 10, 1962, THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 5 U.S.C. 71A, BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. YOUR LATEST LETTER PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND AFFORDS NO BASIS FOR MODIFICATION OF OUR EARLIER ACTION IN THIS MATTER.
THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STATE CLAIMS. THE LIMITATION PRESCRIBED BY THE STATUTE UPON THE CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE, ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE PROVISIONS OF THE STATUTE, NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. YOUR CASE IS NO DIFFERENT FROM THAT OF ANY OTHER CLAIMANT WHO FAILED TO ASSERT HIS RIGHTS WITHIN THE TIME ALLOWED FOR CONSIDERATION OF HIS CLAIM. DUE TO A DELAY IN ACQUIRING KNOWLEDGE OF SUCH RIGHTS. HENCE, WE TRUST YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.