B-130932, MAR. 29, 1957

B-130932: Mar 29, 1957

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FRANK DOUGLAS: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON FEBRUARY 8. WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON OCTOBER 24. YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT YOUR CLAIM WAS BARRED EVEN THOUGH YOU WERE NOT AWARE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. ASIDE FROM THE FACT THAT THERE IS NO WAY OF ASCERTAINING THE NAMES AND ADDRESSES OF PERSONS WHO MAY CONTEMPLATE FILING CLAIMS AGAINST THE GOVERNMENT IN ORDER THAT THEY MIGHT BE NOTIFIED INDIVIDUALLY OF THE EFFECT THAT EXISTING OR PROSPECTIVE LEGISLATION MAY HAVE UPON SUCH CLAIMS. IT IS WELL SETTLED THAT EVERYONE. IS CHARGEABLE WITH NOTICE OF PUBLIC LAW. THE FACT THAT YOU WERE NOT AWARE OF THE ENACTMENT OF THE ACT OF OCTOBER 9.

B-130932, MAR. 29, 1957

TO MR. FRANK DOUGLAS:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON FEBRUARY 8, 1957, CONCERNING YOUR CLAIM FOR PAY INCIDENT TO YOUR SERVICE IN THE ARMY FROM SEPTEMBER 30 TO DECEMBER 2, 1918.

YOUR CLAIM RECEIVED HERE ON SEPTEMBER 17, 1956, WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON OCTOBER 24, 1956, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH ACT PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE OF SUCH CLAIM FIRST ACCRUED. LATER, AFTER THE RECEIPT ON OCTOBER 31, 1956, OF YOUR UNDATED LETTER, YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT YOUR CLAIM WAS BARRED EVEN THOUGH YOU WERE NOT AWARE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. FROM YOUR PRESENT LETTER, IT SEEMS TO BE YOUR UNDERSTANDING THAT SINCE YOU HAD NO KNOWLEDGE OF THE CITED ACT THE BARRING PROVISIONS SHOULD NOT APPLY AND HENCE YOU URGE THAT YOUR CLAIM BE CONSIDERED.

ASIDE FROM THE FACT THAT THERE IS NO WAY OF ASCERTAINING THE NAMES AND ADDRESSES OF PERSONS WHO MAY CONTEMPLATE FILING CLAIMS AGAINST THE GOVERNMENT IN ORDER THAT THEY MIGHT BE NOTIFIED INDIVIDUALLY OF THE EFFECT THAT EXISTING OR PROSPECTIVE LEGISLATION MAY HAVE UPON SUCH CLAIMS, IT IS WELL SETTLED THAT EVERYONE, INCLUDING PROSPECTIVE CLAIMANTS, IS CHARGEABLE WITH NOTICE OF PUBLIC LAW. HENCE, THE FACT THAT YOU WERE NOT AWARE OF THE ENACTMENT OF THE ACT OF OCTOBER 9, 1940, CONSTITUTES NO BASIS UPON WHICH WE MAY GIVE CONSIDERATION TO THE CLAIM.