B-128155, JUN. 13, 1956

B-128155, JUN. 13, 1956

TO MR. WILLIAM H. BURGHER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 9, 1956, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, RELATIVE TO ACTION OF OUR CLAIMS DIVISION UNDER THE ACT OF OCTOBER 9, 1940, PUBLIC LAW 820, IN RETURNING YOUR CLAIM, WHICH WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 7, 1955. SINCE YOU HAVE BEEN FURNISHED A COPY OF PUBLIC LAW 820 (54 STAT. 1061), WHICH BARS CLAIMS SUCH AS YOURS, YOUR ATTENTION IS DIRECTED TO SECTION 2 THEREOF, PROVIDING THAT "SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

THE FACT THAT YOU MAY HAVE FILED SIMILAR CLAIMS WITH ONE OR MORE OF THE CIVIL SERVICE COMMISSION WOULD NOT SATISFY THE REQUIREMENTS OF THE CIVILIAN PERSONNEL OFFICERS OF THE DEPARTMENT OF THE ARMY OR PUBLIC LAW 820, WHICH CLEARLY BARS ALL CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED. FURTHER, YOU ARE ADVISED THAT THE PROVISIONS OF THE STATUTES GOVERNING THE CONSIDERATION BY THE COURTS OF CLAIMS SUCH AS YOURS ARE TO THE EFFECT THAT THE CLAIMS SHALL BE BARRED UNLESS THE PETITIONS THEREON ARE FILED WITHIN SIX FULL YEARS AFTER THE CLAIMS FIRST ACCRUED. CF. 28 U.S.C. 2501.

ACCORDINGLY, WE MUST ADVISE YOU THAT FURTHER CONSIDERATION MAY NOT BE GIVEN YOUR CLAIM FOR OVERTIME SERVICES, STATED TO HAVE BEEN RENDERED IN 1942.