B-152564, JAN. 3, 1964
Highlights
TUCCALAY: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 22. WHICH WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 30. WAS DENIED ON REVIEW BY OUR DECISION DATED OCTOBER 10. BECAUSE IT WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9. YOU STATE FURTHER THAT NO FAVORABLE ACTION WAS TAKEN ON YOUR CLAIM. THAT YOU WERE NOT ADVISED TO FORWARD YOUR CLAIM TO THIS ADDRESS AND. IT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. THE PRIMARY PURPOSE OF THE ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO PROVISION WAS MADE UNDER WHICH WE ARE AUTHORIZED TO MAKE EXCEPTIONS TO THE OPERATIONS OF THE ACT.
B-152564, JAN. 3, 1964
TO MR. VIRGILIO N. TUCCALAY:
REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 22, 1963, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR FAMILY ALLOWANCE BENEFITS WHICH YOU BELIEVE TO BE DUE IN YOUR CASE INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD WHICH ENDED JULY 15, 1946. YOUR CLAIM, WHICH WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 30, 1960, WAS DENIED ON REVIEW BY OUR DECISION DATED OCTOBER 10, 1963, BECAUSE IT WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061. YOU STATE THAT YOU SUBMITTED YOUR CLAIM IN 1947 TO THE OFFICE OF DEPENDENCY BENEFITS, NEW JERSEY; THAT IN 1952 YOU SUBMITTED YOUR CLAIM AGAIN TO THE COMMANDING GENERAL, ARMY FINANCE CENTER, ST. LOUIS, MISSOURI; AND THAT IN 1955 YOU SUBMITTED THE SAME CLAIM TO THE SETTLEMENTS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. YOU STATE FURTHER THAT NO FAVORABLE ACTION WAS TAKEN ON YOUR CLAIM, THAT YOU WERE NOT ADVISED TO FORWARD YOUR CLAIM TO THIS ADDRESS AND, IN EFFECT, THAT THE FACT THAT YOU APPLIED FOR FAMILY ALLOWANCE BENEFITS BOTH PRIOR AND SUBSEQUENT TO YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES SHOULD REMOVE YOUR CLAIM FROM THE EFFECTS OF THE 1940 ACT.
THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, PROVIDES THAT EVERY CLAIM OR DEMAND, WITH EXCEPTIONS NOT HERE MATERIAL, AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THAT 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. THE PRIMARY PURPOSE OF THE ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO PROVISION WAS MADE UNDER WHICH WE ARE AUTHORIZED TO MAKE EXCEPTIONS TO THE OPERATIONS OF THE ACT. ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTION MAY BE MADE TO THE PROVISIONS OF THE STATUTE, NOR MAY ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE.
EVEN IF YOU HAD FILED A PROPER CLAIM WITH THE DEPARTMENT OF THE ARMY, THAT FACT COULD NOT BE CONSIDERED AS A COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, SINCE IT IS REQUIRED THAT CLAIMS MUST BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE. ANY ADMINISTRATIVE FAILURE OR DELAY IN FORWARDING A CLAIM HERE FOR CONSIDERATION DOES NOT EXTEND THE TIME FIXED BY THE STATUTE.
SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR PERIOD, CONSIDERATION THEREOF IS PRECLUDED BY LAW. HENCE, THE ACTION TAKEN IN DENYING YOUR CLAIM WAS PROPER AND MUST BE SUSTAINED.
ACCORDINGLY WE ADHERE TO THE CONCLUSION THAT WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM.