B-142365, APR. 12, 1960

B-142365: Apr 12, 1960

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YOUR CLAIM WAS RETURNED TO YOU BECAUSE IT IS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. YOU SAY THAT YOU BELIEVE YOUR CLAIM IS NOT BARRED UNDER THE CITED ACT BECAUSE SOMETIME BETWEEN JULY 8. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'. YOUR CLAIM IS BARRED UNDER THE PROVISIONS OF 31 U.S.C. 71A.

B-142365, APR. 12, 1960

TO MR. NORVELL O. SCOTT:

YOUR LETTER OF MARCH 14, 1960, REQUESTS REVIEW OF YOUR CLAIM CONCERNING RECREDIT AND PAYMENT FOR ANNUAL LEAVE GRANTED YOUR AS AN EMPLOYEE OF THE FEDERAL BUREAU OF INVESTIGATION DURING THE PERIOD FROM JULY 13, 1942, TO SEPTEMBER 14, 1942. ON FEBRUARY 25, 1960, YOUR CLAIM WAS RETURNED TO YOU BECAUSE IT IS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A.

YOU SAY THAT YOU BELIEVE YOUR CLAIM IS NOT BARRED UNDER THE CITED ACT BECAUSE SOMETIME BETWEEN JULY 8, 1944 AND SEPTEMBER 16, 1944, YOU VISITED THE GENERAL ACCOUNTING OFFICE AND DISCUSSED YOUR CASE WITH A REPRESENTATIVE OF THAT OFFICE. ALSO, YOU SAY THAT YOU LET THE MATTER DROP UNTIL YOU BECAME AWARE OF A RECENT DECISION, WHICH, FROM YOUR REFERENCE, APPEARS TO BE THE DECISION BY THE COURT OF CLAIMS IN JULIA E. HART V. UNITED STATES, C.CLS. NO. 330-58, DECIDED JANUARY 20, 1960.

THE FACT THAT YOU DISCUSSED THE MATTER WITH SOMEONE AT THE GENERAL ACCOUNTING OFFICE DOES NOT CONSTITUTE A SUBMISSION OF YOUR CLAIM SUCH AS WOULD TOLL THE RUNNING OF THE STATUTE.

UNDER THE ACT OF OCTOBER 9, 1940, 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 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 MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

SINCE YOU DID NOT TIMELY SUBMIT A CLAIM IN WRITING, BEARING YOUR SIGNATURE AND ADDRESS, WITHIN THE STATUTORY PERIOD, YOUR CLAIM IS BARRED UNDER THE PROVISIONS OF 31 U.S.C. 71A. (SEE 24 COMP. GEN. 9).