B-148041, FEB. 6, 1962

B-148041: Feb 6, 1962

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WAS DEEMED BARRED BY THE ACT OF OCTOBER 9. BECAUSE IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. OUR OFFICE ACTION WAS SUSTAINED IN A RESPONSE TO YOUR LETTER OF OCTOBER 23. YOU HAVE FULFILLED THE REQUIREMENTS OF SUCH ACT OF OCTOBER 9. SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * *" WE ARE NOT AWARE THAT THE "CONTRACTOR. EVEN IF IT WERE A GOVERNMENT AGENCY. THE STATUTE MAKES NO EXCEPTION IN THE EVENT A CLAIM IS PRESENTED TO THE ADMINISTRATIVE AGENCY CONCERNED WITHIN THE PERIOD SPECIFIED IN THE ACT BUT IS NOT FORWARDED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE STATUTORY PERIOD. THE FACT THAT YOU MAY NOT HAVE KNOWN THE PROPER OFFICE TO WHICH YOUR CLAIM SHOULD BE SENT DOES NOT EXEMPT YOU FROM REQUIREMENT OF THE STATUTE.

B-148041, FEB. 6, 1962

TO MR. FLORENTINO VARGAS:

YOUR LETTER OF JANUARY 15, 1962, AGAIN REQUESTS RECONSIDERATION OF THE ACTION TAKEN BY OUR OFFICE ON AUGUST 28, 1961, WHEREIN YOUR CLAIM FOR BENEFITS BELIEVED TO BE DUE UNDER THE MISSING PERSONS ACT, FOR SERVICES RENDERED AS AN EMPLOYEE OF THE PACIFIC NAVAL AIR BASE CONTRACTOR IN MANILA DURING THE PERIOD FROM SEPTEMBER 2, 1941, TO APRIL 9, 1942, WAS DEEMED BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, BECAUSE IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. ON DECEMBER 7, 1961, OUR OFFICE ACTION WAS SUSTAINED IN A RESPONSE TO YOUR LETTER OF OCTOBER 23, 1961.

APPARENTLY, YOU BELIEVE THAT SINCE YOU ATTEMPTED SEVERAL YEARS AGO TO COLLECT THE SUBJECT BENEFITS BY FILING YOUR CLAIM WITH THE CONTRACTOR, PACIFIC NAVAL AIR BASE, SAN FRANCISCO, CALIFORNIA, YOU HAVE FULFILLED THE REQUIREMENTS OF SUCH ACT OF OCTOBER 9, 1940. HOWEVER, THE ACT PROVIDES IN PERTINENT PART AS FOLLOWS:

"/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: * * *"

WE ARE NOT AWARE THAT THE "CONTRACTOR, PACIFIC NAVAL AIR BASE" COULD BE REGARDED AS AN AGENCY OF THE UNITED STATES GOVERNMENT. BUT, EVEN IF IT WERE A GOVERNMENT AGENCY, THE STATUTE MAKES NO EXCEPTION IN THE EVENT A CLAIM IS PRESENTED TO THE ADMINISTRATIVE AGENCY CONCERNED WITHIN THE PERIOD SPECIFIED IN THE ACT BUT IS NOT FORWARDED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE STATUTORY PERIOD. THE FACT THAT YOU MAY NOT HAVE KNOWN THE PROPER OFFICE TO WHICH YOUR CLAIM SHOULD BE SENT DOES NOT EXEMPT YOU FROM REQUIREMENT OF THE STATUTE.

IN VIEW OF THE EXPRESS LANGUAGE OF THE ACT OF OCTOBER 9, 1940, AND SINCE YOU DID NOT FILE YOUR CLAIM WITH OUR OFFICE WITHIN THE TEN-YEAR PERIOD, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.