B-112867, DECEMBER 3, 1952, 32 COMP. GEN. 267

B-112867: Dec 3, 1952

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WHICH BARS CONSIDERATION OF ANY CLAIM BY THE GENERAL ACCOUNTING OFFICE WHICH IS NOT FILED IN THAT OFFICE WITHIN TEN FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. 1952: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. BECAUSE THE CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE CLAIM FIRST AROSE. WHICH WAS ADDRESSED TO THE DEPARTMENT OF THE ARMY. AS AN INDICATION THAT YOUR CLAIM WAS FILED IN TIME. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. (ITALICS SUPPLIED) IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN YEAR PERIOD.

B-112867, DECEMBER 3, 1952, 32 COMP. GEN. 267

CLAIMS AGAINST THE UNITED STATES - FILING IN GENERAL ACCOUNTING OFFICE - STATUTE OF LIMITATIONS A CLAIM FOR OVERTIME COMPENSATION FILED IN AN ADMINISTRATIVE OFFICE, OR ANY OFFICE OTHER THAN THE GENERAL ACCOUNTING OFFICE, DOES NOT COMPLY WITH THE PROVISIONS OF THE ACT OF OCTOBER 9, 1950, WHICH BARS CONSIDERATION OF ANY CLAIM BY THE GENERAL ACCOUNTING OFFICE WHICH IS NOT FILED IN THAT OFFICE WITHIN TEN FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

COMPTROLLER GENERAL WARREN TO HELEN MILDRED BALDWIN MICHAELS, DECEMBER 3, 1952:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1952, REQUESTING REVIEW OF THAT PORTION OF THE SETTLEMENT OF OCTOBER 14, 1952, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION BASED UPON SERVICE RENDERED PRIOR TO JULY 1, 1942, BECAUSE THE CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE CLAIM FIRST AROSE, CITING THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS THE BASIS THEREFOR. YOU ENCLOSE COPY OF YOUR ORIGINAL LETTER OF APRIL 2, 1952, WHICH WAS ADDRESSED TO THE DEPARTMENT OF THE ARMY, ADJUSTMENT DIVISION, ARMY FINANCE CENTER, ST. LOUIS, MISSOURI, AS AN INDICATION THAT YOUR CLAIM WAS FILED IN TIME.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES AS FOLLOWS:

THAT EVER CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1951 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. (ITALICS SUPPLIED)

IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN YEAR PERIOD. THE FILING OF YOUR CLAIM IN THE ADMINISTRATIVE OFFICE DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JULY 1, 1952; ACCORDINGLY, THE FOREGOING ACT MADE IT COMPULSORY TO DENY THAT PORTION OF YOUR CLAIM WHICH AROSE PRIOR TO JULY 1, 1942.