B-134940, SEP. 18, 1961

B-134940: Sep 18, 1961

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IS. YOUR FIRST COMMUNICATION RELATING THERETO WAS RECEIVED IN THIS OFFICE ON APRIL 17. IN REPLY TO YOUR LETTER YOU WERE MAILED A COPY OF THAT ACT AND YOUR CLAIM WAS RETURNED. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY AND THE CONSIDERATION THEREOF BY THAT DEPARTMENT IS NOT A CLAIM FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE MEANING OF THE ACT. THE BARRING ACT GENERALLY PRECLUDES CONSIDERATION OF ANY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED BY US WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED AND CONTEMPLATES THAT WE WILL NOT PASS UPON THE MERITS OF ANY CLAIM NOT SUBMITTED WITHIN THE TIME SPECIFIED. THE LIMITATION PRESCRIBED BY THE ACT IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THIS OFFICE.

B-134940, SEP. 18, 1961

TO MR. JOSEPH WAYNE WEBB:

YOUR LETTER OF AUGUST 25, 1961, REQUESTS, IN EFFECT, REVIEW OF ACTION TAKEN BY THIS OFFICE ON APRIL 26, 1957, BARRING YOUR CLAIM FOR BACK PAY ALLEGED TO BE DUE YOU FOR THE PERIOD JANUARY THROUGH JULY 1944, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, IS, IN PERTINENT PART, AS FOLLOWS (QUOTING FROM 31 U.S.C. 71A):

"/1) 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 SECTIONS 71 AND 236 OF THIS TITLE 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 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

YOU STATE THAT YOUR CLAIM AROSE IN 1944. YOUR FIRST COMMUNICATION RELATING THERETO WAS RECEIVED IN THIS OFFICE ON APRIL 17, 1957, AFTER THE EXPIRATION OF THE 10 YEARS PRESCRIBED BY THE ABOVE-QUOTED ACT. IN REPLY TO YOUR LETTER YOU WERE MAILED A COPY OF THAT ACT AND YOUR CLAIM WAS RETURNED. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY AND THE CONSIDERATION THEREOF BY THAT DEPARTMENT IS NOT A CLAIM FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE MEANING OF THE ACT.

THE BARRING ACT GENERALLY PRECLUDES CONSIDERATION OF ANY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED BY US WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED AND CONTEMPLATES THAT WE WILL NOT PASS UPON THE MERITS OF ANY CLAIM NOT SUBMITTED WITHIN THE TIME SPECIFIED. THE LIMITATION PRESCRIBED BY THE ACT IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THIS OFFICE.