B-126110, DEC. 12, 1955

B-126110: Dec 12, 1955

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THE PURPOSE OF THE 1940 ACT WAS TO ELIMINATE THE NECESSITY OF PRESERVING FOR ALL TIME ALL ACCOUNTS RECEIVED BY THE GENERAL ACCOUNTING OFFICE WHICH WOULD HAVE COST THE GOVERNMENT LARGE SUMS ANNUALLY FOR STORAGE SPACE. THE DEVELOPMENT OF OLD CLAIMS REQUIRED A VAST AMOUNT OF TIME BOTH IN THE GENERAL ACCOUNTING OFFICE AND THE ADMINISTRATIVE OFFICES IN LOCATING PERTINENT FILES AND DOCUMENTS TO SUPPORT THE CLAIMS AND THE RESULTANT COST WAS SO EXCESSIVE THAT IT WAS PREJUDICIAL TO THE INTERESTS OF THE UNITED STATES. THUS IT WILL BE SEEN THAT THE CONSIDERATIONS URGED BY YOU AS REMOVING YOUR CLAIM FROM THE PURVIEW OF THE STATUTE MAY NOT PROPERLY BE RECOGNIZED BY US.

B-126110, DEC. 12, 1955

TO MR. JAMES MARVIN HOWES:

YOUR LETTER OF OCTOBER 15, 1955, REFERS TO YOUR CLAIM FOR COMPENSATION AND TRANSPORTATION COSTS ALLEGEDLY DUE INCIDENT TO YOUR SERVICES AS AN EMPLOYEE OF THE FOREIGN SERVICE, DEPARTMENT OF STATE, IN JUNE 1933, AND QUESTIONS THE APPLICATION OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, THERETO. ALSO, YOU REQUEST, IN THE ALTERNATIVE, THAT YOUR CLAIM BE CONSIDERED UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236.

THE PURPOSE OF THE 1940 ACT WAS TO ELIMINATE THE NECESSITY OF PRESERVING FOR ALL TIME ALL ACCOUNTS RECEIVED BY THE GENERAL ACCOUNTING OFFICE WHICH WOULD HAVE COST THE GOVERNMENT LARGE SUMS ANNUALLY FOR STORAGE SPACE. ALSO, THE DEVELOPMENT OF OLD CLAIMS REQUIRED A VAST AMOUNT OF TIME BOTH IN THE GENERAL ACCOUNTING OFFICE AND THE ADMINISTRATIVE OFFICES IN LOCATING PERTINENT FILES AND DOCUMENTS TO SUPPORT THE CLAIMS AND THE RESULTANT COST WAS SO EXCESSIVE THAT IT WAS PREJUDICIAL TO THE INTERESTS OF THE UNITED STATES. THEREFORE, IN ORDER TO REDUCE THESE EXCESSIVE COSTS THE CONGRESS ENACTED THE 1940 STATUTE WHICH PERMITTED THE ELIMINATION OF OLD RECORDS AND BARRED CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THEY ACCRUED. THUS IT WILL BE SEEN THAT THE CONSIDERATIONS URGED BY YOU AS REMOVING YOUR CLAIM FROM THE PURVIEW OF THE STATUTE MAY NOT PROPERLY BE RECOGNIZED BY US. REGARDING THE ACT OF APRIL 10, 1928, IT CONSISTENTLY HAS BEEN HELD THAT THAT STATUTE MAY NOT BE EMPLOYED AS A MEANS FOR REVIVING A CLAIM OTHERWISE BARRED BY A STATUTE OF LIMITATIONS. SEE 14 COMP. GEN. 324.

ACCORDINGLY, YOUR REQUEST THAT THE CLAIM BE REFERRED TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, MUST BE DENIED.