B-148211, MAR. 20, 1962

B-148211: Mar 20, 1962

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SR.: REFERENCE IS MADE TO YOUR RECENT COMMUNICATION IN REPLY TO LETTER DATED FEBRUARY 1. WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. YOU WERE THUS INFORMED THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE UNITED STATES GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE TIME OF ACCRUAL. IT WAS FOREVER BARRED FROM CONSIDERATION. WHICH WAS REMAILED TO YOU FEBRUARY 1. YOU WERE AGAIN ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION AND THAT THE LAW MAKES NO EXCEPTIONS NOR GRANTS THE GENERAL ACCOUNTING OFFICE ANY POWER OF DISPENSATION AND. IN BARRING YOUR CLAIM WAS SUSTAINED. POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY OUR OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

B-148211, MAR. 20, 1962

TO MR. ERRIE HAYES, SR.:

REFERENCE IS MADE TO YOUR RECENT COMMUNICATION IN REPLY TO LETTER DATED FEBRUARY 1, 1962, OF OUR CLAIMS DIVISION ENCLOSING SETTLEMENT DATED SEPTEMBER 27, 1961, WHICH DISALLOWED YOUR CLAIM FOR MUSTERING-OUT PAY ALLEGED TO BE DUE YOU IN CONNECTION WITH YOUR DISCHARGE ON NOVEMBER 1, 1944, FROM THE UNITED STATES ARMY AS AN ENLISTED MAN.

ON AUGUST 18, 1961, YOUR CLAIM RECEIVED AUGUST 8, 1961, WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. YOU WERE THUS INFORMED THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE UNITED STATES GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE TIME OF ACCRUAL, IT WAS FOREVER BARRED FROM CONSIDERATION. BY LETTER DATED SEPTEMBER 27, 1961, WHICH WAS REMAILED TO YOU FEBRUARY 1, 1962, YOU WERE AGAIN ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION AND THAT THE LAW MAKES NO EXCEPTIONS NOR GRANTS THE GENERAL ACCOUNTING OFFICE ANY POWER OF DISPENSATION AND, THEREFORE, THE ACTION TAKEN AUGUST 18, 1961, IN BARRING YOUR CLAIM WAS SUSTAINED.

UNDER THE PLAIN TERMS OF THE ACT OF OCTOBER 9, 1940, 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 OUR OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE AUGUST 8, 1961. THE PRIMARY PURPOSE OF THE ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. SEE 25 COMP. GEN. 670; 32 COMP. GEN. 107 AND 267. THE LIMITATION PRESCRIBED BY THE STATUTE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. SEE BARTLESVILLE ZINC COMPANY V. MELLON, 56 F.2D 154, AND CARPENTER V. UNITED STATES, 56 F.2D 828. ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTIONS MAY BE MADE TO THE PROVISIONS OF THE STATUTE NOR MAY ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE.

WE REGRET THAT A FAVORABLE REPLY CANNOT BE MADE IN THIS CASE, BUT FURTHER CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY LAW. HENCE, FURTHER CORRESPONDENCE RELATIVE TO THIS SAME SUBJECT WILL BE FILED WITHOUT REPLY.