B-133969, NOV. 5, 1957

B-133969: Nov 5, 1957

Additional Materials:

Contact:

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

 

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

HEAPS: THE FOLLOWING COMMENT WAS RECEIVED FROM YOU IN YOUR LETTER POSTMARKED SEPTEMBER 20. AS AN EMPLOYEE OF THE PHILADELPHIS NAVAL BASE: "WHY AM I DENIED MY BACK PAY WHEN I MADE CLAIM BEFORE THE 10 YEAR LIMIT WAS UP AND TRIED MANY OTHER DEPARTMENTS BEFORE I FOUND THE RIGHT ONE TO GET IN TOUCH WITH.'. WITH THE RETURN OF YOUR CLAIM YOU WERE FURNISHED A COPY OF THE ACT OF OCTOBER 9. OUR OFFICE IS PRECLUDED FROM SETTLING CLAIMS THAT ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE THAT SUCH CLAIM FIRST ACCRUED. THE DATE OF RECEIPT OF YOUR CLAIM LETTER OF APRIL 24 WHICH WAS RETURNED TO YOU. OUR ORIGINAL ACTION IN ALLOWING NO PART OF YOUR CLAIM WAS PREDICATED UPON THE FACT THAT THERE WAS A DEFICIENCY IN YOUR CLAIM IN THAT IT DID NOT BEAR YOUR SIGNATURE.

B-133969, NOV. 5, 1957

TO MR. CHESTER M. HEAPS:

THE FOLLOWING COMMENT WAS RECEIVED FROM YOU IN YOUR LETTER POSTMARKED SEPTEMBER 20, 1957, REGARDING YOUR CLAIM FOR RETROACTIVE COMPENSATION FOR THE PERIOD JANUARY 13, 1947, TO MAY 18, 1947, AS AN EMPLOYEE OF THE PHILADELPHIS NAVAL BASE: "WHY AM I DENIED MY BACK PAY WHEN I MADE CLAIM BEFORE THE 10 YEAR LIMIT WAS UP AND TRIED MANY OTHER DEPARTMENTS BEFORE I FOUND THE RIGHT ONE TO GET IN TOUCH WITH.'

WITH THE RETURN OF YOUR CLAIM YOU WERE FURNISHED A COPY OF THE ACT OF OCTOBER 9, 1940. IN VIEW OF THE EXPRESS PROVISIONS OF THAT ACT, OUR OFFICE IS PRECLUDED FROM SETTLING CLAIMS THAT ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE THAT SUCH CLAIM FIRST ACCRUED. THE FILING OF CLAIMS WITH OTHER DEPARTMENTS DOES NOT SATISFY THE STATUTORY REQUIREMENT FOR FILING IN OUR OFFICE. HENCE UNDER NO CIRCUMSTANCES WOULD WE BE WARRANTED IN ALLOWING ANY PORTION OF YOUR CLAIM WHICH ACCRUED EARLIER THAN THE 10-YEAR PERIOD ENDING ON APRIL 26, 1957, THE DATE OF RECEIPT OF YOUR CLAIM LETTER OF APRIL 24 WHICH WAS RETURNED TO YOU. OUR ORIGINAL ACTION IN ALLOWING NO PART OF YOUR CLAIM WAS PREDICATED UPON THE FACT THAT THERE WAS A DEFICIENCY IN YOUR CLAIM IN THAT IT DID NOT BEAR YOUR SIGNATURE.

UPON REVIEW OF YOUR CASE WE NOW CONSIDER THAT YOUR FAILURE TO SIGN YOUR LETTER OF APRIL 24 WITHIN THE 10-YEAR PERIOD IS NOT FATAL TO THAT PORTION OF YOUR CLAIM COVERING THE PERIOD APRIL 26 TO MAY 18, 1947, SINCE YOUR CLAIM LETTER WAS RECEIVED HERE ON APRIL 26, AND SINCE THE IMPERFECTION (NO SIGNATURE) NOW HAS BEEN PERFECTED BY YOUR EXECUTION OF FORM C-56. ACCORDINGLY, OUR CLAIMS DIVISION HAS BEEN INSTRUCTED TO ALLOW THAT PORTION OF YOUR CLAIM COVERING THE PERIOD APRIL 26 TO MAY 18, 1947, IN SUCH AMOUNT AS MAY BE DETERMINED TO BE CORRECT AND TO ADVISE YOU PROMPTLY OF THE ALLOWANCE.