B-124843, OCT. 20, 1955

B-124843: Oct 20, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USNR: REFERENCE IS MADE TO YOUR LETTER OF JUNE 17. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU BECAME ENTITLED TO THE ALLOWANCE ON JUNE 23. AS YOUR CLAIM FOR THE ALLOWANCE WAS NOT RECEIVED HERE UNTIL DECEMBER 2. - THAT PAYMENT WAS BARRED BY THE ACT OF JANUARY 19. THAT YOU WERE ADVISED IT WOULD BE SENT THROUGH IMMEDIATELY. SINCE YOU WERE NOT AT FAULT IN THE DELAY. SPECIFICALLY PROVIDES THAT NO PAYMENT OF UNIFORM GRATUITY ACCRUING TO MEMBERS OF THE NAVAL RESERVE SHOULD BE MADE UNLESS A CLAIM FOR THE AMOUNT OF SUCH GRATUITY 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. WE HAVE NO DISCRETION IN THE MATTER AND THE RECEIPT OF YOUR ORIGINAL CLAIM BY THE DEPARTMENT OF THE NAVY MAY NOT BE CONSIDERED A COMPLIANCE WITH THE PROVISIONS OF THE STATUTE WHICH EXPRESSLY REQUIRE THAT SUCH CLAIMS BE FILED HERE WITHIN THE PRESCRIBED TIME.

B-124843, OCT. 20, 1955

TO LIEUTENANT ROBERT T. HARRISON, USNR:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 17, 1955, WHICH DISALLOWED YOUR CLAIM FOR UNIFORM ALLOWANCE OF $50.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU BECAME ENTITLED TO THE ALLOWANCE ON JUNE 23, 1951, AND AS YOUR CLAIM FOR THE ALLOWANCE WAS NOT RECEIVED HERE UNTIL DECEMBER 2, 1954--- MORE THAN THREE YEARS FROM THE EXPIRATION OF THE QUARTER IN WHICH THE RIGHT TO PAYMENT ACCRUED--- THAT PAYMENT WAS BARRED BY THE ACT OF JANUARY 19, 1929, 45 STAT. 1090. IN YOUR PRESENT LETTER YOU SAY THAT YOU ORIGINALLY APPLIED FOR THE ALLOWANCE IN APRIL 1953, WHILE ON TWO WEEKS' TRAINING DUTY AT NAVAL AIR STATION, SEATTLE, WASHINGTON, AND THAT YOU WERE ADVISED IT WOULD BE SENT THROUGH IMMEDIATELY. YOU FURTHER SAY THAT IN JUNE 1954, NOT HAVING RECEIVED A REPLY, YOU AGAIN APPLIED FOR THE ALLOWANCE, AND THAT, SINCE YOU WERE NOT AT FAULT IN THE DELAY, YOU BELIEVE YOUR CLAIM SHOULD BE ALLOWED.

THE ACT OF JANUARY 19, 1929, SPECIFICALLY PROVIDES THAT NO PAYMENT OF UNIFORM GRATUITY ACCRUING TO MEMBERS OF THE NAVAL RESERVE SHOULD BE MADE UNLESS A CLAIM FOR THE AMOUNT OF SUCH GRATUITY 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. WE HAVE NO DISCRETION IN THE MATTER AND THE RECEIPT OF YOUR ORIGINAL CLAIM BY THE DEPARTMENT OF THE NAVY MAY NOT BE CONSIDERED A COMPLIANCE WITH THE PROVISIONS OF THE STATUTE WHICH EXPRESSLY REQUIRE THAT SUCH CLAIMS BE FILED HERE WITHIN THE PRESCRIBED TIME. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MORE THAN THREE YEARS AFTER THE EXPIRATION OF THE QUARTER IN WHICH THE RIGHT TO PAYMENT ACCRUED, IT IS BARRED BY LAW AND WE HAVE NO ALTERNATIVE BUT TO DENY PAYMENT. WHILE THE 1929 ACT NOW HAS BEEN REPEALED (PUBLIC LAW 145, 84TH CONGRESS, APPROVED JULY 12, 1955), SUCH REPEAL DOES NOT AFFECT THE STATUS OF CLAIMS PREVIOUSLY BARRED BY THE ACT. STEWART V. KEYES, 295 U.S. 403; DAVIS V. SUGG, 109 S. 745. IT FOLLOWS THAT THE SETTLEMENT OF JANUARY 17, 1955, MUST BE SUSTAINED.