B-154364, APR. 11, 1966

B-154364, APR. 11, 1966

TO MR. JUSTO P. PULIDO:

WE REFER TO YOUR LETTER DATED OCTOBER 16, 1965, RECEIVED HERE ON FEBRUARY 23, 1966, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR WAGES ALLEGED TO BE DUE AS A CIVILIAN EMPLOYEE OF THE UNITED STATES DEPARTMENT OF THE ARMY FOR THE PERIOD JANUARY 1 TO JUNE 11, 1945.

WE HAVE INFORMED YOU ON SEVERAL OCCASIONS--- THE LAST ON JUNE 11, 1964--- THAT BECAUSE A CLAIM FOR THE WAGES IN QUESTION WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS FROM THE DATE THE CLAIM FIRST ACCRUED (WHICH WAS IN 1945), THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, BARS US FROM NOW CONSIDERING THE CLAIM. YOU CONTEND IN SUBSTANCE THAT YOUR CLAIM WAS SUBMITTED TO THE DEPARTMENT OF THE ARMY WITHIN TEN YEARS FROM THE DATE THE CLAIM ACCRUED AND, THUS, SHOULD BE CONSIDERED AS HAVING BEEN TIMELY FILED WITHIN THE MEANING OF THE 1940 STATUTE. IN RESPONSE TO YOUR CONTENTION WE CAN ONLY REPEAT THE INFORMATION WE HAVE HERETOFORE GIVEN YOU TO THE EFFECT THAT THE FILING OF A CLAIM WITH ANOTHER DEPARTMENT OR AGENCY OF THE UNITED STATES GOVERNMENT DOES NOT CONSTITUTE A FILING IN THE GENERAL ACCOUNTING OFFICE (WHICH IS AN INDEPENDENT AGENCY OF THE UNITED STATES GOVERNMENT) FOR PURPOSES OF THE 10 -YEAR LIMITATION.

OUR OFFICE IS EMPOWERED TO AUTHORIZE PAYMENT OF FUNDS FROM THE TREASURY OF THE UNITED STATES ONLY WITHIN THE LIMITS PRESCRIBED BY LAWS ENACTED BY THE CONGRESS. THE 1940 STATUTE CONSTITUTES A LIMITATION ON OUR AUTHORITY; AND WE FIND NO BASIS IN YOUR PRESENT LETTER OR OTHERWISE FOR HOLDING THAT THE STATUTE DOES NOT BAR US FROM CONSIDERING YOUR CLAIM.

WE BELIEVE THAT FURTHER REVIEW OF THIS MATTER BY US WOULD SERVE NO USEFUL PURPOSE, AND, THEREFORE, ANY FUTURE CORRESPONDENCE FROM YOU IN REGARD THERETO WILL BE FILED WITHOUT REPLY.