B-144770, FEB. 28, 1961

B-144770, FEB. 28, 1961

TO MR. NICOLAS JIMENEA:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1960, REQUESTING RECONSIDERATION OF OUR LETTER OF AUGUST 25, 1961, WHICH BARRED YOUR CLAIM AS REPRESENTATIVE OF THE HEIRS OF YOUR MOTHER, PLACIDA ALCAMPOR DE JIMENEA, DECEASED BENEFICIARY OF ALBERTO JIMENEA, YOUR BROTHER, WHO DIED ON FEBRUARY 19, 1942, WHILE SERVING AS A CREW MEMBER ABOARD THE M/V DON ISIDRO.

YOUR CLAIM WAS BARRED UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BECAUSE IT WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. YOU SAY THAT YOUR CLAIM IS A CONTINUANCE OF ONE MADE BY YOUR DECEASED FATHER, FORTUNATO JIMENEA, ON MARCH 16, 1950, AND POINT OUT THAT THE PERIOD FEBRUARY 19, 1942, TO MARCH 16, 1950, IS BARELY 8 YEARS.

IT APPEARS THAT THE GOVERNMENT OF THE UNITED STATES AT THE TIME THE M/V DON ISIDRO WAS TAKEN OVER AGREED, AS AN INDUCEMENT TO CREW MEMBERS TO SERVE IN THE HAZARDOUS UNDERTAKING, THAT LIFE PENSIONS ACCRUABLE MONTHLY WOULD BE PAID IN CASE OF DEATH TO THE SURVIVING WIFE, CHILDREN, OR MOTHER OF SAID CREW MEMBERS. ALBERTO JIMENCA WAS SURVIVED BY HIS MOTHER, PLACIDA ALCAMPOR DE JIMENEA, WHO DIED MARCH 24, 1946.

THE RECORDS IN THIS CASE SHOW THAT FORTUNATO JIMENEA, YOUR FATHER, MADE CLAIM FOR COMPENSATION ON ACCOUNT OF THE DEATH OF HIS SON TO THE DEPARTMENT OF THE ARMY ON MARCH 16, 1950, AND THAT FURTHER CORRESPONDENCE ENSUED BETWEEN YOUR FATHER AND YOURSELF WITH THAT DEPARTMENT THEREAFTER. HOWEVER THE CLAIM, WHICH WAS EVENTUALLY TRANSMITTED HERE BY THE DEPARTMENT OF THE ARMY, WAS NOT RECEIVED BY THE GENERAL ACCOUNTING OFFICE UNTIL MAY 20, 1960.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES THAT EVERY CLAIM OR DEMAND (WITH EXCEPTIONS NOT INVOLVED HERE) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THE ACT HAS BEEN HELD TO BE MORE THAN A MERE STATUTE OF LIMITATIONS. IT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. NO PROVISION WAS MADE UNDER WHICH WE ARE AUTHORIZED TO MAKE EXCEPTIONS TO THE OPERATION OF THE ACT.

INASMUCH AS THE MONTHLY ACCRUALS FOR PENSION PAYMENTS CEASED AS OF YOUR MOTHER'S DEATH ON MARCH 24, 1946, THE MAXIMUM PERIOD FOR CLAIMING ANY PART OF THE PENSION IS MARCH 24, 1946, TO MARCH 23, 1956. SINCE YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE UNTIL AFTER THE EXPIRATION OF THIS TEN-YEAR PERIOD, WE MAY NOT GIVE IT FURTHER CONSIDERATION.