B-128629, JUL. 25, 1956

B-128629: Jul 25, 1956

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SEIDMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 12. RELATIVE TO YOUR CLAIM FOR RETROACTIVE NIGHT DIFFERENTIAL PAY FOR SERVICES STATED TO HAVE BEEN RENDERED DURING THE PERIOD FROM ABOUT OCTOBER 1942 TO NOVEMBER 1945. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 22. THIS ACT SHALL NOT APPLY WITH RESPECT TO ANY CLAIM FOR COMPENSATION EARNED SUBSEQUENT TO THE DATE OF APPROVAL THEREOF. "/B) NO AMOUNT SHALL BE CERTIFIED FOR PAYMENT UNDER SECTION 2 OF THIS ACT UNLESS APPLICATION SHALL HAVE BEEN SUBMITTED IN WRITING. ADVISED OUR OFFICE THAT SO FAR AS DISCLOSED BY ITS RECORDS RELATIVE TO THE MATTER NO CLAIM WAS FILED BY YOU WITH THE DEPARTMENT OF THE NAVY "PRIOR TO 31 JULY 1948.'.

B-128629, JUL. 25, 1956

TO MR. SOLOMON R. SEIDMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1956, RELATIVE TO YOUR CLAIM FOR RETROACTIVE NIGHT DIFFERENTIAL PAY FOR SERVICES STATED TO HAVE BEEN RENDERED DURING THE PERIOD FROM ABOUT OCTOBER 1942 TO NOVEMBER 1945, AS A PER DIEM EMPLOYEE OF THE BROOKLYN NAVY YARD, BROOKLYN, NEW YORK, UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JULY 31, 1946, 60 STAT. 747.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 22, 1949, PURSUANT TO THE PROVISIONS OF SECTION 3 OF THE STATUTE, 60 STAT. 747, WHICH PROVIDES THAT---

"/A) NO AMOUNT SHALL BE CERTIFIED FOR PAYMENT UNDER SECTION 2 OF THIS ACT ON ACCOUNT OF ANY COMPENSATION EARNED PRIOR TO MARCH 28, 1934, AND THIS ACT SHALL NOT APPLY WITH RESPECT TO ANY CLAIM FOR COMPENSATION EARNED SUBSEQUENT TO THE DATE OF APPROVAL THEREOF.

"/B) NO AMOUNT SHALL BE CERTIFIED FOR PAYMENT UNDER SECTION 2 OF THIS ACT UNLESS APPLICATION SHALL HAVE BEEN SUBMITTED IN WRITING, PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE DATE OF APPROVAL OF THIS ACT, OVER THE SIGNATURE OF THE PERSON PERFORMING THE SERVICE: * * *"

UNDER DATE OF FEBRUARY 28, 1949, THE COMMANDER, BROOKLYN NAVY YARD, ADVISED OUR OFFICE THAT SO FAR AS DISCLOSED BY ITS RECORDS RELATIVE TO THE MATTER NO CLAIM WAS FILED BY YOU WITH THE DEPARTMENT OF THE NAVY "PRIOR TO 31 JULY 1948.' YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON NOVEMBER 18, 1948. SINCE BY NOVEMBER 18, 1948, MORE THAN TWO YEARS HAD ELAPSED FROM THE DATE OF ENACTMENT OF THE STATUTE REFERRED TO, CONSIDERATION OF YOUR CLAIM WAS BARRED BY LAW.

IN OUR DECISION OF MARCH 17, 1949, B-83176 (28 COMP. GEN. 524), TO THE SECRETARY OF THE NAVY IT WAS RULED, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

"THE PROVISIONS OF SECTION 3/B) OF THE ACT OF JULY 31, 1946, REQUIRING THAT CLAIMS COGNIZABLE UNDER SAID ACT FOR OVERTIME, LEAVE, AND HOLIDAY COMPENSATION BASED UPON THE DIFFERENCE BETWEEN AMOUNTS COMPUTED AT DAY RATES AND SUCH COMPENSATION COMPUTED AT NIGHT RATES BE FILED WITHIN TWO YEARS FROM THE DATE OF THE ACT, CONSTITUTE A COMPLETE BAR TO THE CONSIDERATION OF CLAIMS EITHER BY THE ADMINISTRATIVE OFFICE OR THE GENERAL ACCOUNTING OFFICE, AS THE CASE MAY BE, FOR SUCH COMPENSATION EARNED DURING THE PERIOD MARCH 28, 1934, TO JULY 31, 1946, UNLESS SAID CLAIMS ARE FILED PRIOR TO JULY 31, 1948.'

ACCORDINGLY, UPON REVIEW, OUR SETTLEMENT OF JUNE 22, 1949, IS FOUND CORRECT AND MUST BE SUSTAINED.