B-132143, JUL. 2, 1957

B-132143: Jul 2, 1957

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PEDRO GABRIEL: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR SERVICES AND SUPPLIES ALLEGED TO HAVE BEEN FURNISHED AMERICAN ARMED FORCES DURING THE PERIOD 1901-1902. YOUR CLAIM WAS NOT CONSIDERED BY OUR CLAIMS DIVISION BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL OCTOBER 22. WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION. THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS IN THE MILITARY SERVICE. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER DEPARTMENT OF THE GOVERNMENT WOULD NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT FILED OR "RECEIVED" IN OUR OFFICE WITHIN 10 YEARS FROM THE DATE IT FIRST ACCRUED.

B-132143, JUL. 2, 1957

TO MR. PEDRO GABRIEL:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR SERVICES AND SUPPLIES ALLEGED TO HAVE BEEN FURNISHED AMERICAN ARMED FORCES DURING THE PERIOD 1901-1902.

IN VIEW OF THE 10-YEAR PERIOD FOR FILING CLAIMS IN THIS OFFICE AS SET FORTH IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, YOUR CLAIM WAS NOT CONSIDERED BY OUR CLAIMS DIVISION BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL OCTOBER 22, 1956, AND, HENCE, WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. YOU STATE THAT YOU FIRST FILED CLAIM--- APPARENTLY WITH A DIFFERENT DEPARTMENT OF THE GOVERNMENT--- IN AUGUST 1936, AND THAT, THEREFORE, YOU NOW BELIEVE CONSIDERATION SHOULD BE GIVEN YOUR CLAIM.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION, 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.' THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS IN THE MILITARY SERVICE.

UNDER THE ABOVE-QUOTED PROVISIONS OF THE STATUTE, A CLAIM MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED, BY THE PERSON ENTITLED TO PAYMENT OR HIS AGENT OR ATTORNEY, TO BE ENTITLED TO CONSIDERATION. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER DEPARTMENT OF THE GOVERNMENT WOULD NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT FILED OR "RECEIVED" IN OUR OFFICE WITHIN 10 YEARS FROM THE DATE IT FIRST ACCRUED, OUR CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO RETURN IT TO YOU, TOGETHER WITH "A COPY OF THIS ACT," AS PROVIDED BY SECTION 2 OF THE STATUTE.

ACCORDINGLY, UNDER THE CIRCUMSTANCES IN YOUR CASE, IT WILL BE APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.