B-134003, OCT. 23, 1957

B-134003: Oct 23, 1957

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YOU REQUEST REVEIW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN ADVISING YOU THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE BARRED IF NOT RECEIVED WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUES. WHICH BARS SUCH CLAIMS IS QUOTED FOR YOUR INFORMATION AS FOLLOWS: "THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE. SINCE OUR RECORDS SHOW THAT YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL JULY 22. WHICH IS MORE THAN TEN FULL YEARS AFTER YOUR CLAIM FIRST ACCRUED ON DECEMBER 31. WE ARE SURE YOU WILL UNDERSTAND WHY WE ARE BARRED BY THE PROVISIONS OF THE QUOTED STATUTE FROM CONSIDERING YOUR CLAIM FOR ADJUSTMENT OF SALARY AND AMOUNTS BELIEVED TO BE DUE FOR LEAVE.

B-134003, OCT. 23, 1957

TO MRS. ROXIE K. PRATT:

YOUR LETTER OF SEPTEMBER 28, 1957, CONCERNS YOUR CLAIM FOR AMOUNTS BELIEVED DUE FOR ADJUSTMENT OF SALARY, BALANCE DUE AS A RESULT OF THE FINAL AUDIT OF YOUR POSTAL ACCOUNT, PAYMENT OF AMOUNTS APPLIED TO RETIREMENT ANNUITY, AND ACCRUED ANNUAL LEAVE AND SICK LEAVE AS FORMER POST MISTRESS AT SCOTTS HILL, TENNESSEE, FROM MARCH 23, 1944, TO DECEMBER 31, 1944.

YOU REQUEST REVEIW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN ADVISING YOU THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE BARRED IF NOT RECEIVED WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUES. THE PERTINENT PROVISION OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH BARS SUCH CLAIMS IS QUOTED FOR YOUR INFORMATION AS FOLLOWS:

"THAT 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 SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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:* * *.'

SINCE OUR RECORDS SHOW THAT YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL JULY 22, 1957, WHICH IS MORE THAN TEN FULL YEARS AFTER YOUR CLAIM FIRST ACCRUED ON DECEMBER 31, 1944, WE ARE SURE YOU WILL UNDERSTAND WHY WE ARE BARRED BY THE PROVISIONS OF THE QUOTED STATUTE FROM CONSIDERING YOUR CLAIM FOR ADJUSTMENT OF SALARY AND AMOUNTS BELIEVED TO BE DUE FOR LEAVE. HOWEVER, AS YOU HAVE BEEN CORRECTLY ADVISED BY OUR CLAIMS DIVISION, THE POST OFFICE DEPARTMENT, BUREAU OF FINANCE, DIVISION OF ACCOUNTING, WASHINGTON 25, D.C., HAS THE JURISDICTION OF THAT PORTION OF YOUR CLAIM CONCERNING THE BALANCE DUE AS A RESULT OF THE FINAL AUDIT OF YOUR POSTAL ACCOUNT. ALSO, THE UNITED STATES CIVIL SERVICE COMMISSION, RETIREMENT DIVISION, WASHINGTON 25, D.C., SHOULD BE CONTACTED CONCERNING ANY QUESTIONS RELATING TO DEDUCTIONS FOR YOUR RETIREMENT ANNUITY.