B-166696, JUN. 23, 1969
Highlights
SINCE YOUR CLAIM ACCRUED MORE THAN 10 YEARS PRIOR TO THE DATE IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE (OCTOBER 13. WE HAVE NO AUTHORITY TO PAY YOU ANY AMOUNT AS A RESULT THEREOF. IS A COMPLETE BAR TO PAYMENT OF ALL CLAIMS INCLUDED WITHIN ITS COVERAGE. SUCH A STATUTE IS NOT MERELY A DEFENSE IN EQUITY AGAINST PAYMENT OF A CLAIM. WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM. IT IS UNFORTUNATE THAT THE FACTS SURROUNDING YOUR GOVERNMENT EMPLOYMENT IN 1942 AND 1943 WERE NOT RESOLVED FOR SOME TIME AFTER SUCH EMPLOYMENT.
B-166696, JUN. 23, 1969
TO MR. KENNETH W. DOWNING:
WE REFER TO YOUR LETTER OF MAY 29, 1969, WITH ENCLOSURES, BY WHICH YOU REQUEST THAT WE RECONSIDER OUR DECISION TO YOU OF MAY 27, 1969, B 166696, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL ANNUAL AND SICK LEAVE INCIDENT TO YOUR EMPLOYMENT UNDER THE DEPARTMENT OF THE NAVY IN 1942 AND 1943.
SINCE YOUR CLAIM ACCRUED MORE THAN 10 YEARS PRIOR TO THE DATE IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE (OCTOBER 13, 1968), WE HAVE NO AUTHORITY TO PAY YOU ANY AMOUNT AS A RESULT THEREOF. A STATUTE OF LIMITATIONS, SUCH AS THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, IS A COMPLETE BAR TO PAYMENT OF ALL CLAIMS INCLUDED WITHIN ITS COVERAGE. SUCH A STATUTE IS NOT MERELY A DEFENSE IN EQUITY AGAINST PAYMENT OF A CLAIM. ACCORDINGLY, WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM.
IT IS UNFORTUNATE THAT THE FACTS SURROUNDING YOUR GOVERNMENT EMPLOYMENT IN 1942 AND 1943 WERE NOT RESOLVED FOR SOME TIME AFTER SUCH EMPLOYMENT. HOWEVER, IN VIEW OF THE CONTROLLING PROVISION OF LAW WHICH PROVIDES NO EXCEPTION APPLICABLE TO YOUR CASE, THE DECISION OF MAY 27, 1969, MUST BE SUSTAINED.