B-126139, DEC. 29, 1955

B-126139: Dec 29, 1955

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GEORGE SCHMITT: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. - SHALL BE PAID BY THE APPROPRIATE DISBURSING OFFICERS OF THE DEPARTMENT OR AGENCY UNDER WHICH THE COMPENSATION WAS EARNED. SPECIFICALLY PROHIBITS THE CERTIFICATION OF ANY AMOUNT FOR PAYMENT UNLESS WRITTEN APPLICATION OVER THE SIGNATURE OF THE PERSON PERFORMING THE SERVICES SHALL HAVE BEEN FILED ON OR BEFORE JULY 31. SINCE YOU APPLICATION FOR ADDITIONAL COMPENSATION WAS NOT TRANSMITTED WITHIN THE TIME LIMITATION PRESCRIBED. FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL COMPENSATION IS BARRED BY THE SPECIFIC TERMS OF THE STATUTE.

B-126139, DEC. 29, 1955

TO MR. GEORGE SCHMITT:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1955, REQUESTING A REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 21, 1951, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE UNDER THE TERMS OF THE ACT OF JULY 31, 1946, 60 STAT. 747, FOR SERVICES RENDERED BETWEEN MARCH 28, 1934, AND JULY 31, 1946, WHILE ACIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, NAVAL GUN FACTORY, WASHINGTON, D.C.

SECTIONS 1 AND 2 OF THE ABOVE-CITED ACT EXPRESSLY PROVIDE THAT ALL CLAIMS COGNIZABLE UNDER THAT ACT--- EXCEPT CLAIMS FOR AMOUNTS DUE DECEASED PERSONS OR PERSONS DETERMINED TO BE MENTALLY INCOMPETENT--- SHALL BE PAID BY THE APPROPRIATE DISBURSING OFFICERS OF THE DEPARTMENT OR AGENCY UNDER WHICH THE COMPENSATION WAS EARNED, UPON CERTIFICATION OF AMOUNTS DUE BY THE HEADS OF THE DEPARTMENTS OR AGENCIES CONCERNED. ALSO, SECTION 3, SUBSECTION (B) THEREOF, SPECIFICALLY PROHIBITS THE CERTIFICATION OF ANY AMOUNT FOR PAYMENT UNLESS WRITTEN APPLICATION OVER THE SIGNATURE OF THE PERSON PERFORMING THE SERVICES SHALL HAVE BEEN FILED ON OR BEFORE JULY 31, 1948, OR WITHIN TWO YERS AFTER THE DATE OF APPROVAL OF SAID ACT.

IN VIEW OF THE STATUTORY PROVISIONS, AND SINCE YOU APPLICATION FOR ADDITIONAL COMPENSATION WAS NOT TRANSMITTED WITHIN THE TIME LIMITATION PRESCRIBED, FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL COMPENSATION IS BARRED BY THE SPECIFIC TERMS OF THE STATUTE. ACCORDINGLY, THE SETTLEMENT OF MARCH 21, 1951, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.