B-139768, JUL. 1, 1959

B-139768, JUL. 1, 1959

TO MR. ELIAS G. ABRAHAM:

THIS REFERS TO YOUR LETTER OF MAY 11, 1959, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 6, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN RENDERED AND, ALSO, FOR EXCESS DEDUCTIONS PURPORTEDLY MADE FOR QUARTERS WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY ASSIGNED TO DUTY AS A SEAMAN IN THE MARITIME SERVICE DURING THE PERIOD FROM 1945 TO 1952.

AS YOU WERE PREVIOUSLY INFORMED, YOUR CLAIM (LETTER DATED MARCH 7, POSTMARKED MARCH 17, 1959) WAS NOT RECEIVED HERE UNTIL MARCH 24, 1959. OUR SETTLEMENT WE MADE SPECIFIC REFERENCE TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SECTION 1 OF WHICH READS 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.: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAYBE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

AS A RESULT OF THE ABOVE-QUOTED STATUTORY PROVISION, ACTION ON THAT PART OF YOUR CLAIM INVOLVING THE PERIOD PRIOR TO MARCH 24, 1949, IS BARRED AND CANNOT NOW BE CONSIDERED BY OUR OFFICE.

PRIOR TO THE RELEASE OF OUR SETTLEMENT DATED APRIL 6, 1959, WE RECEIVED AN OFFICIAL ADMINISTRATIVE REPORT DATED FEBRUARY 27, 1959, FROM HEADQUARTERS, U.S. ARMY, RYUKYU ISLANDS, FORT BUCKNER, APO 331, PERTAINING TO MARITIME EMPLOYEES WITH THE DEPARTMENT OF THE ARMY, RYUKYUS COMMAND, WHO WERE FED AND BILLETED ON BOARD U.S. VESSELS. THE REPORT READS:

"1. THIS OFFICE HAS NOT AND WILL NOT MAKE PAYMENT OF THIS CLAIM.

"2. MR. GLUDO WAS NEVER CHARGED FOR QUARTERS OR SUBSISTENCE. THE IER'S INCLOSED SHOW NO CHARGES. THE 1955 IER SHOWS A LIKE AMOUNT GIVEN AND DEDUCTED WHICH IS AN ACCOUNTING PROCEDURE AND DOES NOT AFFECT THE EMPLOYEE WHO WAS BILLETED AND FED FREE OF CHARGE ABOARD SHIP.

"3. THE CONTRACTS ENCLOSED IN THIS CASE REFLECT THAT THE NUMEROUS CLAIMS FOR OVERTIME, S AND Q, WAR BONUS, PER DIEM, ETC, ARE NOT APPLICABLE FOR ANY MARITIME EMPLOYEE. ALL CLAIMS RECEIVED ARE BEING RETURNED FOR ALL ITEMS AS THESE MARITIME EMPLOYEES HAVE NO CLAIMS. THE ONLY EMPLOYEES WITH CLAIMS ARE THESE DEPT. OF THE ARMY EMPLOYEES BILLETED ON THE ARMY BASE AND CHARGED AN EXCESS FOR QUARTERS AFTER 9 NOVEMBER 1952. ANY FUTURE CLAIMS RECEIVED FROM MARITIME EMPLOYEES WILL BE RETURNED AS DENIED UNDER THE SAME STIPULATIONS AS THE CONTRACTS THEY SIGNED.'

EVEN THOUGH THE REPORT JUST QUOTED SPECIFICALLY NAMES ONLY ONE INDIVIDUAL HAVING AN ASSIGNMENT SIMILAR TO THE ONE YOU OCCUPY, IT IS EVIDENT THEREFROM THAT MARITIME EMPLOYEES OF THE ARMY ASSIGNED TO HEADQUARTERS, RYUKYUS COMMAND, WHO ARE SUBSISTED AND QUARTERED ON BOARD GOVERNMENT VESSELS, ARE NOT ENTITLED TO OVERTIME COMPENSATION, OR TO REFUNDS REPRESENTING EXCESS CHARGES PURPORTEDLY MADE FOR QUARTERS DURING THE PERIOD FROM MARCH 24, 1949, TO 1952.

FOR THE REASONS HEREINABOVE INDICATED WE FIND NO BASIS FOR THE PAYMENT OF YOUR CLAIM. CONSEQUENTLY, THE SETTLEMENT OF APRIL 6, 1959, MUST BE AND IS, SUSTAINED.