B-145694, MAY 2, 1961

B-145694: May 2, 1961

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A COPY OF THE LAW APPLICABLE TO SUCH CASES WAS SENT TO YOU ON DECEMBER 28. WHEN YOUR CLAIM WAS RETURNED TO YOU. YOU WILL NOTE THAT THERE IS NO PROVISION IN THAT LAW FOR AN EXCEPTION BASED ON THE CLAIMANT'S LACK OF KNOWLEDGE THEREOF. WE ARE NOT VESTED WITH ANY AUTHORITY TO WAIVE THE OPERATION OF THAT LAW. IN NOTIFYING YOU THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE 1940 LAW WAS CORRECT. SUCH ACTION IS HEREBY SUSTAINED.

B-145694, MAY 2, 1961

TO MR. PAULO F. FARRALES:

IN YOUR LETTER OF APRIL 8, 1961, YOU ADVANCE THE VIEW THAT YOUR LACK OF KNOWLEDGE OF THE TEN-YEAR STATUTORY LIMITATION ON FILING CLAIMS PROVIDED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SHOULD CREATE AN EXCEPTION THERETO SO THAT YOUR CLAIM, BASED ON ANNUAL LEAVE ACCRUED INCIDENT TO YOUR SERVICES AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY AT OLONGAPO, PHILIPPINES, DURING THE PERIOD NOVEMBER 21, 1915, TO DECEMBER 31, 1918, MAY BE CONSIDERED.

A COPY OF THE LAW APPLICABLE TO SUCH CASES WAS SENT TO YOU ON DECEMBER 28, 1960, WHEN YOUR CLAIM WAS RETURNED TO YOU. YOU WILL NOTE THAT THERE IS NO PROVISION IN THAT LAW FOR AN EXCEPTION BASED ON THE CLAIMANT'S LACK OF KNOWLEDGE THEREOF, AND WE ARE NOT VESTED WITH ANY AUTHORITY TO WAIVE THE OPERATION OF THAT LAW.

THE ACTION OF OUR CLAIMS DIVISION ON DECEMBER 28, 1960, IN NOTIFYING YOU THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE 1940 LAW WAS CORRECT, AND SUCH ACTION IS HEREBY SUSTAINED.