B-134811, JAN. 21, 1958

B-134811: Jan 21, 1958

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POINTS OUT AGAIN THAT A FULL REPORT OF THE ALLEGED CLAIM FOR ADDITIONAL PAY FOR EASTER SUNDAY IN 1942 OR 1943 WAS MADE BY YOU WITHIN TEN DAYS THEREAFTER AND THAT YOUR CLAIM WAS DENIED BY THE DEPARTMENT INVOLVED. WE ARE PRECLUDED FROM SECURING ANY INFORMATION RESPECTING THE MATTER OR CONSIDERING SUCH INFORMATION. WE HAVE NO POWER OF DISPENSATION UNDER THE FOREGOING ACT AND. IN VIEW OF THE FOREGOING AND SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE ALLOWABLE TIME LIMIT THERE IS NOTHING MORE OUR OFFICE CAN DO RESPECTING THIS MATTER.

B-134811, JAN. 21, 1958

TO MR. ROBERT L. MURPHY:

YOUR UNDATED INDORSEMENT ON OUR CLAIMS DIVISION LETTER DATED DECEMBER 10, 1957, THAT EXPLAINED IN DETAIL WHY OUR OFFICE CANNOT ENTERTAIN YOUR CLAIM, POINTS OUT AGAIN THAT A FULL REPORT OF THE ALLEGED CLAIM FOR ADDITIONAL PAY FOR EASTER SUNDAY IN 1942 OR 1943 WAS MADE BY YOU WITHIN TEN DAYS THEREAFTER AND THAT YOUR CLAIM WAS DENIED BY THE DEPARTMENT INVOLVED.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SPECIFICALLY REQUIRES, IN PERTINENT PART,"THAT EVERY CLAIM * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' AS EXPLAINED BEFORE, THE FILING OF YOUR CLAIM WITH ANOTHER AGENCY DID NOT SATISFY THE REQUIREMENTS OF THE STATUTE. UNDER THE FOREGOING STATUTE, WE ARE PRECLUDED FROM SECURING ANY INFORMATION RESPECTING THE MATTER OR CONSIDERING SUCH INFORMATION. WE HAVE NO POWER OF DISPENSATION UNDER THE FOREGOING ACT AND, CONSEQUENTLY, CAN MAKE NO EXCEPTIONS. FURTHER, THE DEPARTMENT WITH WHICH YOU FILED YOUR CLAIM HAD NO DUTY TO INFORM YOU OF THE EXISTENCE OF THE ACT OF 1940. UPON THE ENACTMENT THEREOF, THE STATUTE CONSTITUTED LEGAL PUBLIC NOTICE TO ALL PERSONS CONCERNED.

IN VIEW OF THE FOREGOING AND SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE ALLOWABLE TIME LIMIT THERE IS NOTHING MORE OUR OFFICE CAN DO RESPECTING THIS MATTER.