B-134314, DEC. 13, 1957

B-134314: Dec 13, 1957

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MERRITT: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. YOUR CLAIM WAS NOT CONSIDERED BY OUR CLAIMS DIVISION BECAUSE IT WAS TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE BY THE DEPARTMENT OF THE ARMY ON SEPTEMBER 13. WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED ON JANUARY 2. ACKNOWLEDGING RECEIPT OF YOUR CLAIM AND STATING THE REASON IT WAS NOT ADMINISTRATIVELY PROCESSED FOR PAYMENT AT THE TIME. A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER OFFICE OR DEPARTMENT OF THE GOVERNMENT WHICH INADVERTENTLY DID NOT TIMELY TRANSMIT IT TO OUR OFFICE WOULD NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT UNIFORMLY HAS BEEN HELD THAT THE STATUTE OF LIMITATIONS IS NOT TOLLED DURING THE PERIOD A CLAIM IS BEING CONSIDERED BY AN ADMINISTRATIVE AGENCY.

B-134314, DEC. 13, 1957

TO MR. CHARLES N. MERRITT:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL PAY ON THE BASIS OF YOUR SERVICE AS AN AIR CORPS RESERVE OFFICER DURING THE PERIOD FROM JULY 3, 1943, THROUGH JANUARY 2, 1946.

IN VIEW OF THE 10-YEAR PERIOD FOR FILING CLAIMS IN THE GENERAL ACCOUNTING 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 TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE BY THE DEPARTMENT OF THE ARMY ON SEPTEMBER 13, 1957, AND, HENCE, WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED ON JANUARY 2, 1946. YOU STATE THAT YOU FIRST FILED CLAIM--- APPARENTLY WITH THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY/--- ON NOVEMBER 18, 1945, AND YOU ENCLOSE A COPY OF A LETTER FROM HEADQUARTERS ARMY SERVICE FORCES, OFFICE OF THE CHIEF OF FINANCE, DATED APRIL 15, 1946, TO YOU, ACKNOWLEDGING RECEIPT OF YOUR CLAIM AND STATING THE REASON IT WAS NOT ADMINISTRATIVELY PROCESSED FOR PAYMENT AT THE TIME, IN VIEW OF WHICH YOU BELIEVE THAT CONSIDERATION NOW SHOULD BE GIVEN YOUR CLAIM BY OUR OFFICE.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION, PROVIDES IN PERTINENT PART 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.'

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 BY HIS AGENT OR ATTORNEY, TO BE ENTITLED TO CONSIDERATION. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER OFFICE OR DEPARTMENT OF THE GOVERNMENT WHICH INADVERTENTLY DID NOT TIMELY TRANSMIT IT TO OUR OFFICE WOULD NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IN THAT CONNECTION, IT UNIFORMLY HAS BEEN HELD THAT THE STATUTE OF LIMITATIONS IS NOT TOLLED DURING THE PERIOD A CLAIM IS BEING CONSIDERED BY AN ADMINISTRATIVE AGENCY. SEE 32 COMP. GEN. 267. COMPARE THE DECISIONS BY THE UNITED STATES COURT OF CLAIMS IN THE CASES OF TAN V. UNITED STATES, 102 F.SUPP. 552, AND ARRIBAE V. UNITED STATES, 310 F.SUPP. 267. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT FILED OR "RECEIVED" IN OUR OFFICE WITHIN 10 FULL 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 OUR OFFICE IS WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.