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B-153801, DEC. 14, 1965

B-153801 Dec 14, 1965
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WOOD: WE ARE IN RECEIPT OF YOUR LETTER OF DECEMBER 1. YOU REQUEST THAT WE ADVISE YOU WHETHER OUR OFFICE DOES NOT HAVE THE AUTHORITY TO MAKE A SETTLEMENT OF YOUR CLAIM. IN WHICH CASE YOU WILL CONTACT THE OFFICE WE REPORT TO. WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM FOR ARREARS OF PAY AND TERMINAL LEAVE BECAUSE IT WAS NOT FILED IN OUR OFFICE WITHIN 10 YEARS AFTER YOUR DISCHARGE FROM THE ARMY. THE LATEST DATE THAT ANY CLAIM COULD HAVE ACCRUED. WE HAVE PREVIOUSLY REQUESTED THE NAME OF THE GOVERNMENT OFFICE WHICH CAN EFFECT PAYMENT OF YOUR CLAIM AND WE STATED THAT IN THE ABSENCE OF FURTHER LEGISLATION THERE IS NO GOVERNMENT DEPARTMENT OR AGENCY WHICH MAY NOW CONSIDER YOUR CLAIM FOR SUCH PAY AND ALLOWANCES.

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B-153801, DEC. 14, 1965

TO MR. CHARLES V. WOOD:

WE ARE IN RECEIPT OF YOUR LETTER OF DECEMBER 1, 1965, PERTAINING TO YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD MARCH 23, 1943, TO NOVEMBER 16, 1945. IN YOUR LETTER, YOU REQUEST THAT WE ADVISE YOU WHETHER OUR OFFICE DOES NOT HAVE THE AUTHORITY TO MAKE A SETTLEMENT OF YOUR CLAIM, IN WHICH CASE YOU WILL CONTACT THE OFFICE WE REPORT TO.

IN OUR DECISION OF APRIL 29, 1964, B-153801, WE EXPLAINED THAT UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM FOR ARREARS OF PAY AND TERMINAL LEAVE BECAUSE IT WAS NOT FILED IN OUR OFFICE WITHIN 10 YEARS AFTER YOUR DISCHARGE FROM THE ARMY, THE LATEST DATE THAT ANY CLAIM COULD HAVE ACCRUED. WE REPEATED THIS STATEMENT IN OUR DECISIONS OF MAY 21, 1964, JULY 1, 1964 AND NOVEMBER 29, 1965. ALSO, WE HAVE PREVIOUSLY REQUESTED THE NAME OF THE GOVERNMENT OFFICE WHICH CAN EFFECT PAYMENT OF YOUR CLAIM AND WE STATED THAT IN THE ABSENCE OF FURTHER LEGISLATION THERE IS NO GOVERNMENT DEPARTMENT OR AGENCY WHICH MAY NOW CONSIDER YOUR CLAIM FOR SUCH PAY AND ALLOWANCES, SINCE SUCH CLAIM IS BARRED BY LAW FROM CONSIDERATION. WE STATED FURTHER THAT, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE ANY EXCEPTIONS TO THE ACT OF OCTOBER 9, 1940, TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE. HENCE, FURTHER ACTION BY THIS OFFICE ON YOUR CLAIM IS NOT WARRANTED.

CONCERNING YOUR STATEMENT RELATIVE TO YOUR CONTRACTING THE OFFICE WE REPORT TO, YOU ARE ADVISED THAT THE DECISIONS OF THE COMPTROLLER GENERAL ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE 31 U.S.C. 71, 74. HOWEVER, THE UNITED STATES COURT OF CLAIMS HAS JURISDICTION TO CONSIDER CERTAIN CLAIMS AGAINST THE GOVERNMENT IF ACTION IS FILED IN THAT COURT WITHIN 6 YEARS FOLLOWING THE DATE ON WHICH THE CLAIM FIRST ACCRUED.

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