B-141462, JAN. 29, 1960

B-141462, JAN. 29, 1960

TO MR. ALBERT R. SABAROFF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13, 1960, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM RICHMOND, KENTUCKY, TO PHILADELPHIA, PENNSYLVANIA.

YOUR DEPENDENTS TRAVELED ON SEPTEMBER 5 AND 6, 1951, AND YOUR RELEASE FROM ACTIVE DUTY AS CAPTAIN WAS DIRECTED BY ORDERS DATED DECEMBER 11, 1951. YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE ARMY, AND WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED NOVEMBER 9, 1959, FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ISSUANCE OF ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY, AND THAT YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY THAT YOU WERE ADVISED PRIOR TO SUCH ISSUANCE THAT ORDERS EFFECTING YOUR RELEASE WOULD BE ISSUED SHORTLY, AS REQUIRED BY THE JOINT TRAVEL REGULATIONS TO ENTITLE MEMBERS TO REIMBURSEMENT WHERE TRAVEL IS PERFORMED BY THEIR DEPENDENTS IN ADVANCE OF ISSUANCE OF CHANGE OF STATION ORDERS. SUCH ACTION WAS SUSTAINED BY OUR DECISION, B-141462, DATED JANUARY 5, 1960, IN WHICH THERE WAS CONSIDERED YOUR STATEMENT THAT YOUR IMPENDING RELEASE FROM ACTIVE DUTY WAS KNOWN TO YOU AND YOUR COMMANDING OFFICER INASMUCH AS YOUR REQUEST FOR EXTENDED ACTIVE DUTY HAD BEEN DISAPPROVED BY THE DEPARTMENT OF THE ARMY. IN THAT DECISION YOU WERE ADVISED THAT KNOWLEDGE OF THE DISAPPROVAL OF YOUR REQUEST DID NOT MEET THE REQUIREMENTS OF REGULATIONS GOVERNING REIMBURSEMENT FOR TRAVEL OF DEPENDENTS. IN YOUR PRESENT LETTER YOU STATE IT WAS A KNOWN FACT THAT THE DISAPPROVAL OF YOUR REQUEST FOR EXTENDED ACTIVE DUTY MEANT YOU WOULD RECEIVE ORDERS FOR RELEASE FROM ACTIVE DUTY; THAT YOU DID NOT KNOW A CERTIFICATE FROM THE ORDER ISSUING AUTHORITY WAS NECESSARY TO SUPPORT A CLAIM FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS PRIOR TO ORDERS, AND THAT SINCE YOUR RELEASE FROM ACTIVE DUTY WAS CLASSIFIED INFORMATION, YOU BELIEVE YOUR CLAIM SHOULD BE PAID. ALSO, YOU REQUEST ADVICE AS TO WHAT YOU MUST DO TO TAKE YOUR CASE TO THE "COURT OF APPEALS.'

SINCE YOUR LETTER FURNISHES NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED IT AFFORDS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION IN THE MATTER. SUCH ACTION, AS IN THE CASE OF ALL CLAIMS AGAINST THE UNITED STATES, IS FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUES. 28 U.S.C. 262. SINCE YOUR CLAIM FIRST ACCRUED IN 1951, IT SEEMS APPARENT THAT YOUR RIGHT TO FILE IT THERE HAS EXPIRED.