B-123949, JUN. 9, 1955

B-123949: Jun 9, 1955

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YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE DATE IT FIRST ACCRUED. THE STATUTE IS UNAMBIGUOUS AND ITS PROVISIONS MAY NOT BE ENLARGED BY CONSTRUCTION. WHICH IS BASED UPON A SERVICE INDICATED TO HAVE BEEN COMPLETED IN THE LATTER PART OF 1942. WAS RECEIVED HERE ON JUNE 26. THE STATUTE IS UNAMBIGUOUS AND ITS PROVISIONS MAY NOT BE ENLARGED BY CONSTRUCTION. WHICH IS BASED UPON A SERVICE INDICATED TO HAVE BEEN COMPLETED IN THE LATTER PART OF 1942. WAS RECEIVED HERE ON JUNE 26. WE ARE PRECLUDED UNDER THE LAW FROM AUTHORIZING ITS PAYMENT. IT IS THE DATE A CLAIM IS RECEIVED HERE. THAT IS THE CONTROLLING DATE. THE LIMITATION PRESCRIBED BY THE STATUTE IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE YOUR CLAIM CONSIDERED BY US.

B-123949, JUN. 9, 1955

TO THE BALTIMORE AND OHIO RAILROAD COMPANY:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST OF AUGUST 2, 1954, FILE GOVT. 70444-F MCS, FOR REVIEW OF THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION WHICH DISALLOWED YOUR CLAIM, BY BILL NO. 70444 FA, FOR $473.27 FOR TRANSPORTATION SERVICES PERFORMED IN 1942. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE DATE IT FIRST ACCRUED.

SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C.A. 71A, PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE STATUTE IS UNAMBIGUOUS AND ITS PROVISIONS MAY NOT BE ENLARGED BY CONSTRUCTION. YOUR CLAIM, WHICH IS BASED UPON A SERVICE INDICATED TO HAVE BEEN COMPLETED IN THE LATTER PART OF 1942, WAS RECEIVED HERE ON JUNE 26, 1953, OR MORE THAN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE STATUTE IS UNAMBIGUOUS AND ITS PROVISIONS MAY NOT BE ENLARGED BY CONSTRUCTION. YOUR CLAIM, WHICH IS BASED UPON A SERVICE INDICATED TO HAVE BEEN COMPLETED IN THE LATTER PART OF 1942, WAS RECEIVED HERE ON JUNE 26, 1953, OR MORE THAN TEN FULL YEARS AFTER IT FIRST ACCRUED; CONSEQUENTLY, WE ARE PRECLUDED UNDER THE LAW FROM AUTHORIZING ITS PAYMENT. IT IS THE DATE A CLAIM IS RECEIVED HERE, NOT BY SOME OTHER OFFICE, THAT IS THE CONTROLLING DATE. THE FILING OF YOUR CLAIM WITH THE NAVY DOES NOT SATISFY THE REQUIREMENT OF THE STATUTE, AND THE LIMITATION PRESCRIBED BY THE STATUTE IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE YOUR CLAIM CONSIDERED BY US.

EVEN IF IT BE ASSUMED THAT THE EVIDENCE SUBMITTED IN SUPPORT OF THE CLAIM IS SUFFICIENT OTHERWISE TO JUSTIFY PAYMENT FROM APPROPRIATED FUNDS, WE HAVE NO DISCRETION IN THE MATTER AND CAN MAKE NO EXCEPTION TO THE PROVISIONS OF THE STATUTE.