B-149929, OCT. 26, 1962

B-149929, OCT. 26, 1962

TO MR. ALTON L. BALLARD:

THIS REFERS TO YOUR LETTER OF OCTOBER 8, 1962, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE INCIDENT TO YOUR FAILURE TO BE RESTORED TO YOUR FORMER POSITION AT THE CHARLESTON NAVY YARD AFTER MILITARY SERVICE.

YOU WERE ADVISED IN OUR DECISION OF OCTOBER 2, 1962, B-149929, TO YOU, THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM ACCRUED AND THE DATE YOUR CLAIM FIRST WAS RECEIVED IN OUR OFFICE. ALSO, YOU WERE ADVISED THAT EVEN IF YOUR CLAIM HAD BEEN TIMELY FILED WE WERE NOT AWARE OF ANY STATUTE AUTHORIZING PAYMENT OF COMPENSATION BECAUSE OF THE FAILURE OF THE CHARLESTON NAVY YARD TO RESTORE YOU TO DUTY AFTER MILITARY SERVICE IN 1945.

IN YOUR PRESENT LETTER YOU REPEAT YOUR CLAIM AND REQUEST RECONSIDERATION APPARENTLY WITHOUT REGARD TO THE TEN-YEAR STATUTE OF LIMITATIONS CONCERNING WHICH YOU WERE INFORMED IN OUR PRIOR COMMUNICATION. THAT LIMITATION UPON CONSIDERATION OF CLAIMS BY OUR OFFICE, IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO OUR AUTHORITY TO CONSIDER SUCH DELAYED CLAIMS. SEE BARTLESVILLE ZINC COMPANY V. MELLON, 56 F.2D 154, AND CARPENTER V. UNITED STATES, 56 F.2D 828. CONSEQUENTLY, WE ARE WITHOUT AUTHORITY TO MAKE EXCEPTIONS TO THE PROVISIONS OF THE STATUTE OR TO EXTEND THE TIME PROVIDED THEREIN. SEE 25 COMP. GEN. 670; 32 ID. 267.