B-149015, JUL. 2, 1962

B-149015: Jul 2, 1962

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WAS REFERRED HERE FOR OUR CONSIDERATION. YOUR CLAIM WAS RECEIVED HERE ON JUNE 27. YOU WERE ADVISED THAT EMPLOYMENT RECORDS ON WHICH THE SETTLEMENT WAS BASED INDICATES THAT OVERTIME COMPENSATION. WAS PAID BY THE ADMINISTRATIVE OFFICE FOR OVERTIME SERVICES RENDERED PRIOR TO SEPTEMBER 2. YOU WERE FURTHER ADVISED THAT ANY CLAIM YOU MAY HAVE HAD FOR OVERTIME AND HOLIDAY COMPENSATION FOR THE PERIOD PRIOR TO JUNE 27. WAS BARRED BY THE ACT OF OCTOBER 9. THERE IS NOTHING IN OUR OFFICE FILE TO SHOW THAT WE ADVISED YOU WHEN TO FILE A CLAIM. IT IS NOT A FUNCTION OF OUR OFFICE TO ADVISE CLAIMANTS WHEN TO FILE CLAIMS. THE ACTION HERETOFORE TAKEN BY THE CLAIMS DIVISION IN DENYING CONSIDERATION OF THAT PART OF YOUR CLAIM FOR SERVICES ALLEGED TO HAVE BEEN RENDERED PRIOR TO JUNE 27.

B-149015, JUL. 2, 1962

TO MR. EDWARD J. ROUSE:

YOUR LETTER OF MAY 5, 1962, TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR ABOUT $3,950 ALLEGED TO BE DUE FOR OVERTIME SERVICES RENDERED AS AN EMPLOYEE OF THE UNITED STATES CUSTOMS SERVICE, DURING THE PERIOD FROM 1931 TO 1937, WAS REFERRED HERE FOR OUR CONSIDERATION.

YOUR CLAIM WAS RECEIVED HERE ON JUNE 27, 1949, AND ON MAY 15, 1950, OUR CLAIMS DIVISION ISSUED A CERTIFICATE OF SETTLEMENT AUTHORIZING PAYMENT OF $106.92 TO YOU, REPRESENTING ADDITIONAL COMPENSATION FOR THE PERIOD JULY 1, 1940, TO JUNE 30, 1942. IN OUR OFFICE LETTER OF JULY 14, 1961, WHICH SUSTAINED THE ACTION TAKEN IN OUR SETTLEMENT OF MAY 15, 1950, YOU WERE ADVISED THAT EMPLOYMENT RECORDS ON WHICH THE SETTLEMENT WAS BASED INDICATES THAT OVERTIME COMPENSATION, IF EARNED, WAS PAID BY THE ADMINISTRATIVE OFFICE FOR OVERTIME SERVICES RENDERED PRIOR TO SEPTEMBER 2, 1940, AND SUBSEQUENT TO NOVEMBER 30, 1941. YOU WERE FURTHER ADVISED THAT ANY CLAIM YOU MAY HAVE HAD FOR OVERTIME AND HOLIDAY COMPENSATION FOR THE PERIOD PRIOR TO JUNE 27, 1939, WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061 (31 U.S.C. 71A). YOU SAY THAT YOU FILED YOUR CLAIM ON THE DATE THE GENERAL ACCOUNTING OFFICE TOLD YOU TO DO SO. THERE IS NOTHING IN OUR OFFICE FILE TO SHOW THAT WE ADVISED YOU WHEN TO FILE A CLAIM. FURTHERMORE, IT IS NOT A FUNCTION OF OUR OFFICE TO ADVISE CLAIMANTS WHEN TO FILE CLAIMS.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061 (31 U.S.C. 71A), FOREVER BARS EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS SUCH CLAIM BE RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE ACTION HERETOFORE TAKEN BY THE CLAIMS DIVISION IN DENYING CONSIDERATION OF THAT PART OF YOUR CLAIM FOR SERVICES ALLEGED TO HAVE BEEN RENDERED PRIOR TO JUNE 27, 1939, WAS CORRECT AND IN ACCORDANCE WITH THE PROVISIONS OF THE CITED STATUTE.

THERE IS NOTHING IN YOUR LETTER OF MAY 5, 1962, WHICH WOULD WARRANT ANY CHANGE IN THE ADVICE FURNISHED YOU THAT THAT PART OF YOUR CLAIM FOR SERVICES ALLEGED TO HAVE BEEN PERFORMED PRIOR TO JUNE 27, 1939, IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND OUR OFFICE IS WITHOUT AUTHORITY TO WAIVE OR DISREGARD ITS PROVISIONS. THEREFORE, FURTHER CONSIDERATION OF YOUR CLAIM MUST BE DENIED.

ANY QUESTION YOU MAY HAVE CONCERNING THE BORROWING OF MONEY FROM THE FEDERAL GOVERNMENT FOR THE PURPOSE OF FINANCING A SMALL BUSINESS SHOULD BE ADDRESSED TO THE SMALL BUSINESS ADMINISTRATION, 811 VERMONT AVENUE, N.W., WASHINGTON 25, D.C., AS THAT AGENCY HAS JURISDICTION IN SUCH MATTERS.

CONCERNING THE CONFLICT IN YOUR ARMY SERVICE RECORD THAT YOU MENTION THE MATTER SHOULD BE TAKEN UP WITH THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C. ..END :