B-128716, AUG. 29, 1956

B-128716: Aug 29, 1956

Additional Materials:

Contact:

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

 

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

HAHN: REFERENCE IS MADE TO LETTERS DATED JUNE 30 AND AUGUST 27. YOU WERE ADVISED THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 12. YOUR CLAIM WAS BARRED BY THAT ACT. A PHOTOSTATIC COPY OF WHICH LETTER WAS RECEIVED HERE ON JUNE 12. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'. HE CONTENDS THAT IN VIEW OF THE MILITARY ACTION BY THE UNITED STATES IN KOREA THE FIVE-YEAR PERIOD HAD NOT EXPIRED WHEN YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 12. EVEN IF SUCH LETTER WERE CONSIDERED A CLAIM BY YOU FOR THE AMOUNT NOW CLAIMED. SINCE IT WAS SENT TO THE CHIEF OF NAVAL PERSONNEL. UNDER THE TERMS OF THE STATUTE A CLAIM IS BARRED UNLESS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE THE CLAIM ACCRUED.

B-128716, AUG. 29, 1956

TO MRS. DOLORES M. HAHN:

REFERENCE IS MADE TO LETTERS DATED JUNE 30 AND AUGUST 27, 1956, WRITTEN ON YOUR BEHALF BY MR. JACKSON CONCERNING YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE AS FAMILY ALLOWANCE FOR THE PERIOD MARCH 1942 TO NOVEMBER 1943, AS THE DEPENDENT WIFE OF YOUR FORMER HUSBAND, GEORGE E. SHANKS, INCIDENT TO HIS SERVICE AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

IN LETTER DATED JUNE 28, 1956, OUR CLAIMS DIVISION FORWARDED TO YOU A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THIS OFFICE AS PROVIDED IN THE ACT SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ADVISED THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 12, 1956, YOUR CLAIM WAS BARRED BY THAT ACT.

IN HIS LETTERS MR. JACKSON URGES THAT YOUR LETTER DATED JUNE 27, 1943, TO THE DEPARTMENT OF THE NAVY, A PHOTOSTATIC COPY OF WHICH LETTER WAS RECEIVED HERE ON JUNE 12, 1956, BY REFERENCE FROM THE DEPARTMENT OF THE NAVY, SHOULD BE CONSIDERED AS A SUFFICIENT COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940. HE ALSO REFERS TO THE PROVISO OF THE ACT WHICH PROVIDES-

"THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

HE CONTENDS THAT IN VIEW OF THE MILITARY ACTION BY THE UNITED STATES IN KOREA THE FIVE-YEAR PERIOD HAD NOT EXPIRED WHEN YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 12, 1956.

AS TO THE LETTER OF JUNE 27, 1943, BEING CONSIDERED A SUFFICIENT COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, AN EXAMINATION OF THAT LETTER DISCLOSES THAT YOU MERELY MADE A GENERAL COMPLAINT OF INSUFFICIENT FUNDS TO SUPPORT YOU AND YOUR TWO CHILDREN. FURTHERMORE, EVEN IF SUCH LETTER WERE CONSIDERED A CLAIM BY YOU FOR THE AMOUNT NOW CLAIMED, IT COULD NOT BE CONSIDERED AS A COMPLIANCE WITH THE 1940 ACT, SINCE IT WAS SENT TO THE CHIEF OF NAVAL PERSONNEL, NAVY DEPARTMENT, RATHER THAN TO THE GENERAL ACCOUNTING OFFICE AS REQUIRED BY THE ACT. UNDER THE TERMS OF THE STATUTE A CLAIM IS BARRED UNLESS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE THE CLAIM ACCRUED. THE FILING OF A CLAIM IN SOME OTHER OFFICE OR DEPARTMENT DOES NOT OPERATE TO TOLL THE RUNNING OF THE PERIOD OF LIMITATION.

RESPECTING THE CONTENTION THAT YOUR CLAIM WAS WITHIN THE FIVE-YEAR PERIOD REFERRED TO IN THE PROVISO, YOU ARE ADVISED THAT SUCH PROVISO, UNDER ITS PLAIN TERMS, RELATES TO CLAIMS OF PERSONS SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES. SINCE YOU WERE NOT SERVING IN THE MILITARY OR NAVAL SERVICE AT THE TIME YOUR CLAIM ACCRUED IN 1942 AND 1943 AND APPARENTLY HAVE HAD NO SUCH SERVICE SUBSEQUENTLY, THE PROVISO IS NOT FOR APPLICATION IN YOUR CASE.

IN VIEW OF THE FOREGOING, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.