Skip to main content

B-146138, JUL. 3, 1963

B-146138 Jul 03, 1963
Jump To:
Skip to Highlights

Highlights

CHO: WE HAVE RECEIVED YOUR JOINT LETTER OF MARCH 1. NOTICE OF THIS CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN TEN YEARS AFTER MAY 1951. THE FACT THAT THE CLAIM WAS FILED WITH ANOTHER AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 1 AND 2 OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. "/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE. A COPY OF WHICH WAS ENCLOSED IN OUR LETTER OF MAY 2. WE MUST ADVISE ONCE MORE THAT WE ARE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.

View Decision

B-146138, JUL. 3, 1963

TO MR. H. H. CHO:

WE HAVE RECEIVED YOUR JOINT LETTER OF MARCH 1, 1963, AND YOUR LETTER DATED MAY 13, 1963, IN THE MATTER OF A CLAIM AGAINST THE UNITED STATES BY THE JEIL BRICK CO., DAI-BANG DONG FACTORY, FOR BRICKS ALLEGEDLY REQUISITIONED BY UNITED NATIONS FORCES DURING THE PERIOD OF APRIL TO MAY 1951.

NOTICE OF THIS CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN TEN YEARS AFTER MAY 1951. AS WE PREVIOUSLY ADVISED BY LETTER OF MAY 2, 1962, TO THE COMPANY IN CARE OF MYUNG-DUK, KIRK, THE FACT THAT THE CLAIM WAS FILED WITH ANOTHER AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 1 AND 2 OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, ID. 237, QUOTED BELOW:

"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

UNDER THE EXPRESS PROVISIONS OF THE ACT, A COPY OF WHICH WAS ENCLOSED IN OUR LETTER OF MAY 2, 1962, WE MUST ADVISE ONCE MORE THAT WE ARE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.

GAO Contacts

Office of Public Affairs