B-136203, NOV. 6, 1959

B-136203: Nov 6, 1959

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HEALY: REFERENCE IS MADE TO YOUR LETTER OF JULY 23. SETTLEMENT WAS MADE IN THE AMOUNT OF $464 FOR THE PERIOD MARCH THROUGH OCTOBER 1948. WAS DENIED PURSUANT TO THE ACT OF OCTOBER 9. WHICH BARS ANY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS SUCH CLAIM IS RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE SAID CLAIM FIRST ACCRUED. PAGE'S CLAIM WAS NOT RECEIVED IN COGNIZABLE FORM IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 4. WAS BARRED. WE HAVE BEEN GRANTED NO POWERS OF DISPENSATION UNDER THE ACT OF OCTOBER 9. THE ACT MAKES NO PROVISION FOR WAIVER WHERE A CLAIM IS PRESENTED TO THE ADMINISTRATIVE OFFICE WITHIN THE PERIOD SPECIFIED IN THE ACT BUT IS NOT FORWARDED TO THE GENERAL ACCOUNTING OFFICE UNTIL AFTER THE EXPIRATION OF SUCH PERIOD.

B-136203, NOV. 6, 1959

TO MR. J. PETER P. HEALY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 23, 1959, REQUESTING REVIEW OF OFFICE SETTLEMENT DATED NOVEMBER 26, 1958, IN THE CLAIM OF AUDREY PHYLLIS PAGE, FOR THE GOVERNMENT'S CONTRIBUTION TO FAMILY ALLOWANCE FOR WIFE AND CHILD FOR THE PERIOD NOVEMBER 1945 THROUGH OCTOBER 1948, INCIDENT TO THE MILITARY SERVICE OF DEWITT C. PAGE, SERVICE NO. 19018229. SETTLEMENT WAS MADE IN THE AMOUNT OF $464 FOR THE PERIOD MARCH THROUGH OCTOBER 1948, AT THE RATE OF $58 PER MONTH. CLAIM FOR THE PERIOD PRIOR TO MARCH 1948, WAS DENIED PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH BARS ANY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS SUCH CLAIM IS RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE SAID CLAIM FIRST ACCRUED. AT TIME OF THE SETTLEMENT, IT APPEARED FROM THE RECORD THAT MRS. PAGE'S CLAIM WAS NOT RECEIVED IN COGNIZABLE FORM IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 4, 1958, AND, THEREFORE, THAT PART OF THE CLAIM INVOLVING THE PERIOD NOVEMBER 1, 1945, THROUGH FEBRUARY 29, 1948, WAS BARRED.

WE HAVE BEEN GRANTED NO POWERS OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940, AND CONSEQUENTLY, WE MAY MAKE NO EXCEPTION TO ITS PROVISIONS. THE ACT MAKES NO PROVISION FOR WAIVER WHERE A CLAIM IS PRESENTED TO THE ADMINISTRATIVE OFFICE WITHIN THE PERIOD SPECIFIED IN THE ACT BUT IS NOT FORWARDED TO THE GENERAL ACCOUNTING OFFICE UNTIL AFTER THE EXPIRATION OF SUCH PERIOD. SEE TAN V. UNITED STATES, 102 F.SUPP. 552; ARRIBAS V. UNITED STATES, 110 F.SUPP. 267; EMPIRE INSTITUTE OF TAILORING V. UNITED STATES, 161 F.SUPP. 409.

THE ACT IS MORE THAN A MERE STATUTE OF LIMITATIONS AND COMPLIANCE WITH ITS TERMS IS A CONDITION PRECEDENT TO THE CONSIDERATION OF CLAIMS BY THIS OFFICE. WHERE ITS TERMS ARE APPLICABLE IN BARRING A CLAIM, CONSIDERATION OF THE MERTIS OF THE CLAIM IS PROHIBITED.

HOWEVER, IN RECONSIDERING THE SETTLEMENT OF NOVEMBER 26, 1958, IT HAS BEEN NOTED THAT, WHILE THE CLAIM OF MRS. PAGE WAS NOT PERFECTED AS TO FORM UNTIL MARCH 4, 1958, IN THAT A PROPERLY EXECUTED POWER OF ATTORNEY WAS NOT SUBMITTED IN CONNECTION WITH THE CLAIM UNTIL THAT DATE, YOUR LETTER OF AUGUST 27, 1957, ADDRESSED TO THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, SETTING FORTH THE CLAIM OF MRS. PAGE, WAS TRANSMITTED TO THIS OFFICE BY THE DEPARTMENT OF THE AIR FORCE AND RECEIVED HERE ON NOVEMBER 25, 1957.

ACCORDINGLY, THE CLAIM MAY BE REGARDED AS HAVING BEEN SUBSTANTIVELY FILED WITHIN THE PURVIEW OF THE STATUTE OF LIMITATIONS ON NOVEMBER 25, 1957. THE FILE IS BEING RETURNED TO THE CLAIMS DIVISION OF THIS OFFICE WITH INSTRUCTIONS TO MAKE FURTHER ALLOWANCE FOR THE PERIOD NOVEMBER 1947 THROUGH FEBRUARY 1948, IF OTHERWISE PROPER.