B-120524, JUL. 19, 1956

B-120524: Jul 19, 1956

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HERSEY: REFERENCE IS MADE TO YOUR LETTER DATED MAY 24. THE CLAIM WAS DISALLOWED ON THE BASIS THAT YOU BECAME ENTITLED TO SUCH ALLOWANCE ON JULY 1. THAT YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL APRIL 7. WHICH WAS MORE THAN THREE YEARS AFTER SEPTEMBER 30. THAT PAYMENT OF THE CLAIM WAS BARRED BY THE ACT OF JANUARY 19. WHICH LETTER WAS ENCLOSED WITH THE LETTER OF MAY 24. WAS IN REPLY TO YOUR CLAIM DATED FEBRUARY 1. SPECIFICALLY PROVIDES THAT NO PAYMENT FOR UNIFORM GRATUITY ACCRUING TO MEMBERS OF THE NAVAL RESERVE "SHALL BE MADE UPON ANY CLAIM UNLESS SUCH CLAIM SHALL HAVE BEEN FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS FROM THE EXPIRATION OF THE QUARTER IN WHICH THE RIGHT TO SUCH PAYMENT ACCRUED.'.

B-120524, JUL. 19, 1956

TO MR. CHARLES C. HERSEY:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 24, 1956, AND ENCLOSURE, REQUESTING RECONSIDERATION OF OUR DECISION OF NOVEMBER 1, 1954, B 120524, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR A $50 UNIFORM ALLOWANCE UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180.

THE CLAIM WAS DISALLOWED ON THE BASIS THAT YOU BECAME ENTITLED TO SUCH ALLOWANCE ON JULY 1, 1950, BUT THAT YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL APRIL 7, 1954, WHICH WAS MORE THAN THREE YEARS AFTER SEPTEMBER 30, 1950, THE EXPIRATION OF THE QUARTER IN WHICH THE ALLOWANCE ACCRUED AND, THEREFORE, THAT PAYMENT OF THE CLAIM WAS BARRED BY THE ACT OF JANUARY 19, 1929, 45 STAT. 1090. YOU URGE THAT YOUR CLAIM BE ALLOWED ON THE BASIS OF A LETTER DATED FEBRUARY 12, 1952, TO YOU, FROM THE CHIEF OF NAVAL PERSONNEL, WHICH LETTER WAS ENCLOSED WITH THE LETTER OF MAY 24, 1956, AND WAS IN REPLY TO YOUR CLAIM DATED FEBRUARY 1, 1952, FOR PAYMENT OF SUCH ALLOWANCE, THE CLAIM APPARENTLY HAVING BEEN FILED BY YOU WITH THE BUREAU OF NAVAL PERSONNEL.

SECTION 2 OF THE ACT OF JANUARY 19, 1929, SPECIFICALLY PROVIDES THAT NO PAYMENT FOR UNIFORM GRATUITY ACCRUING TO MEMBERS OF THE NAVAL RESERVE "SHALL BE MADE UPON ANY CLAIM UNLESS SUCH CLAIM SHALL HAVE BEEN FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS FROM THE EXPIRATION OF THE QUARTER IN WHICH THE RIGHT TO SUCH PAYMENT ACCRUED.' THE FACT THAT YOU MAY HAVE HAD CORRESPONDENCE WITH OR PRESENTED A CLAIM TO THE BUREAU OF NAVAL PERSONNEL WITHIN THE TIME PRESCRIBED BY SECTION 2 MAY NOT BE CONSIDERED AS A COMPLIANCE WITH THE PROVISIONS OF THE SECTION WHICH EXPRESSLY REQUIRE THAT A CLAIM MUST BE FILED HERE WITHIN THE PRESCRIBED TIME IN ORDER TO AVOID ITS BEING BARRED BY THE PLAIN PROVISION OF THE LAW. WHILE THE CIRCUMSTANCES OF YOUR CASE ARE REGRETTABLE, NEVERTHELESS, SINCE YOUR CLAIM ACCRUED ON JULY 1, 1950, PAYMENT OF SUCH CLAIM COULD NOT BE MADE UNLESS IT WAS FILED WITH US ON OR BEFORE SEPTEMBER 30, 1953. YOUR CLAIM NOT HAVING BEEN RECEIVED BY US UNTIL APRIL 7, 1954, PAYMENT OF SUCH CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JANUARY 19, 1929, AND WE HAVE NO ALTERNATIVE BUT TO ADHERE TO OUR DECISION OF NOVEMBER 1, 1954, SUSTAINING THE DISALLOWANCE OF THE CLAIM BY THE SETTLEMENT OF APRIL 23, 1954. WHILE THE 1929 ACT NOW HAS BEEN REPEALED BY THE ACT OF JULY 12, 1955, 69 STAT. 295, SUCH REPEAL DOES NOT AFFECT THE STATUS OF CLAIMS PREVIOUSLY BARRED BY THE ACT.