B-130410, FEB. 6, 1957

B-130410: Feb 6, 1957

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THE DISALLOWANCE WAS UPON THE GROUND THAT YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE CLAIM FIRST AROSE. A COPY OF WHICH IS AGAIN ENCLOSED. IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. THE LAST DAY YOUR CLAIM COULD BE FILED WITH OUR OFFICE IN ORDER TO BE CONSIDERED WAS SEPTEMBER 21. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL FEBRUARY 24. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED. IS SUSTAINED.

B-130410, FEB. 6, 1957

TO MR. ROY E. KNOWLES:

ON DECEMBER 18, 1956, THE FIRM OF BOGLE, BOGLE AND GATES, WROTE ON YOUR BEHALF REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF NOVEMBER 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME COMPENSATION ACCOUNT OF SERVICES RENDERED DURING THE PERIOD MARCH 14 TO NOVEMBER 28, 1942, AS ASSISTANT INSPECTOR OF BOILERS, UNITED STATES COAST GUARD, SEATTLE, WASHINGTON. THE DISALLOWANCE WAS UPON THE GROUND THAT YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE CLAIM FIRST AROSE, CITING THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 237, 54 STAT. 1061, AS THE BASIS THEREFOR.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH IS AGAIN ENCLOSED, PROVIDES-- - SO FAR AS MATERIAL HERE--- THAT EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. THE FILING OF YOUR CLAIM WITH THE UNITED STATES COAST GUARD DID NOT MEET THE REQUIREMENTS OF THE STATUTE. THE LAST DAY YOUR CLAIM COULD BE FILED WITH OUR OFFICE IN ORDER TO BE CONSIDERED WAS SEPTEMBER 21, 1955. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL FEBRUARY 24, 1956. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED, EXCEPTING ACTIVE MILITARY DUTY, THE CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO DENY IT, AND TO RETURN IT TO YOU, TOGETHER WITH A COPY OF THE BARRING ACT, AS PROVIDED BY SECTION 2 OF THE STATUTE.

ACCORDINGLY, OUR SETTLEMENT OF NOVEMBER 1, 1956, IS SUSTAINED, AND WE REGRET THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.