B-130997, DEC. 10, 1963

B-130997: Dec 10, 1963

Additional Materials:

Contact:

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

 

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

YOU SAY YOU WERE A MEMBER OF THE BORDER PATROL FROM ABOUT MARCH 22. DURING WHICH TIME YOU RENDERED MANY HOURS OF OVERTIME SERVICE FOR WHICH YOU WERE NOT PAID. ASK WHETHER YOU ARE ENTITLED TO PAYMENT UNDER THE DECISION RENDERED ON JULY 12. WITH CERTAIN SPECIFIED EXCEPTIONS THE COURT HELD IN THE CITED CASE AND IN OTHER SIMILAR CASES WHICH WERE CONSOLIDATED THEREWITH FOR THE PURPOSE OF JUDGMENT. THAT THE PETITIONERS WERE ENTITLED TO RECOVER FOR IRREGULAR. IT DOES NOT APPEAR THAT YOU WERE A PETITIONER IN ANY OF THE CASES DECIDED BY THE COURT AND APPARENTLY YOU DID NOT INSTITUTE ANY COURT ACTION WITHIN SIX YEARS FOLLOWING THE RENDERING OF THE SERVICES IN QUESTION. WE HAVE RECEIVED NO COMMUNICATION OR CLAIM FROM YOU PERTAINING TO THE SERVICES MENTIONED THEREIN.

B-130997, DEC. 10, 1963

TO MR. HAROLD C. CLENDENEN:

ON NOVEMBER 18, 1963, YOU MADE INQUIRY CONCERNING PAYMENT FOR OVERTIME SERVICES INCIDENT TO YOUR EMPLOYMENT WITH THE BORDER PATROL OF THE IMMIGRATION AND NATURALIZATION SERVICE.

YOU SAY YOU WERE A MEMBER OF THE BORDER PATROL FROM ABOUT MARCH 22, 1945, TO ABOUT JULY 1, 1951, DURING WHICH TIME YOU RENDERED MANY HOURS OF OVERTIME SERVICE FOR WHICH YOU WERE NOT PAID, AND ASK WHETHER YOU ARE ENTITLED TO PAYMENT UNDER THE DECISION RENDERED ON JULY 12, 1963, IN THE CASE OF KENNETH S. ADAMS ET AL. V. UNITED STATES, CT.CL. NO. 66 59, AND IF SO WHAT STEPS YOU SHOULD TAKE TO MAKE CLAIM THEREFOR.

WITH CERTAIN SPECIFIED EXCEPTIONS THE COURT HELD IN THE CITED CASE AND IN OTHER SIMILAR CASES WHICH WERE CONSOLIDATED THEREWITH FOR THE PURPOSE OF JUDGMENT, THAT THE PETITIONERS WERE ENTITLED TO RECOVER FOR IRREGULAR, UNSCHEDULED OVERTIME SERVICES PERFORMED BY THEM PRIOR TO APRIL 24, 1955, BUT NOT FOR ANY PERIOD PRIOR TO SIX YEARS BEFORE THE FILING OF THEIR PETITIONS. THE JUDGMENT HAS NOT BECOME FINAL. HOWEVER, IT DOES NOT APPEAR THAT YOU WERE A PETITIONER IN ANY OF THE CASES DECIDED BY THE COURT AND APPARENTLY YOU DID NOT INSTITUTE ANY COURT ACTION WITHIN SIX YEARS FOLLOWING THE RENDERING OF THE SERVICES IN QUESTION. SEE 28 U.S.C. 2501.

OTHER THAN YOUR LETTER OF NOVEMBER 18, 1963, WE HAVE RECEIVED NO COMMUNICATION OR CLAIM FROM YOU PERTAINING TO THE SERVICES MENTIONED THEREIN. THEREFORE, CONSIDERATION OF YOUR CLAIM BY THIS OFFICE IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71 (A), WHICH READS AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, 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.

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'