B-149996, OCT. 8, 1962

B-149996, OCT. 8, 1962

TO MR. LAWRENCE W. ROLLINS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1962, CONCERNING YOUR CLAIM FOR EXCHANGE OF 5,060 ALLIED MILITARY MARKS WHICH, WHEN ACQUIRED BY YOU, WERE VALUED AT $506.

YOU STATE THAT YOU WERE HOSPITALIZED IN GERMANY ON OR ABOUT SEPTEMBER 2, 1944, AT WHICH TIME YOUR MONEY WAS REMOVED FOR SAFEKEEPING AND WAS NOT RETURNED TO YOU UNTIL AFTER YOU WERE RETURNED TO THE UNITES STATES. YOU EXPLAIN THAT WHILE YOU WERE EMPLOYED THE WAGES RECEIVED BY YOU WERE SUCH AS TO CAUSE YOU TO FORGET ABOUT THESE MARKS UNTIL NOW WHEN YOU ARE IN NEED OF MONEY. YOU ASK, THEREFORE, THAT, PURSUANT TO THE ACT OF APRIL 10, 1962, 45 STAT. 413, 31 U.S.C. 236, WE REQUEST THE CONGRESS TO APPROPRIATE FUNDS TO REIMBURSE YOU FOR THESE MARKS.

IT IS UNDERSTOOD THAT ALLIED MILITARY CURRENCY WAS USED BY THE UNITED STATES TROOPS IN THE EUROPEAN THEATER OF OPERATIONS UNTIL SEPTEMBER 1946 WHEN THE USE OF MILITARY PAYMENT CERTIFICATES WERE INTRODUCED. SERVICE PERSONNEL WERE REQUIRED TO EXCHANGE ALL FOREIGN CURRENCY IN THEIR POSSESSION PRIOR TO THEIR DEPARTURE FOR THE UNITED STATES AND WHEN MILITARY PAYMENT CERTIFICATES WERE INTRODUCED, THE TROOPS REMAINING IN EUROPE WERE REQUIRED TO EXCHANGE THEIR HOLDINGS OF ALLIED MILITARY CURRENCY FOR THE NEW MILITARY PAYMENT CERTIFICATES.

THE ACT OF APRIL 10, 1928, AS CODIFIED IN 31 U.S.C. 236, READS AS FOLLOWS:

"WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.'

ASSUMING THAT YOUR CLAIM IS OTHERWISE ELIGIBLE FOR PRESENTATION TO THE CONGRESS UNDER THE ABOVE ACT, YOUR ATTENTION IS INVITED TO THE FACT THAT OUR AUTHORITY TO CONSIDER CLAIMS PURSUANT THERETO SUBSEQUENTLY HAS BEEN LIMITED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A AND 237, TO THOSE CLAIMS WHICH ARE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME SPECIFIED THEREIN. THIS LATTER ACT PROVIDES IN 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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

SINCE YOUR CLAIM APPARENTLY FIRST ACCRUED MORE THAN TEN YEARS AGO OR MORE THAN FIVE YEARS AFTER PEACE WAS ESTABLISHED, IT FOLLOWS THAT, AS A MATTER OF LAW AND ASIDE FROM ANY OTHER CONSIDERATIONS, WE MAY NOT REPORT YOUR CLAIM TO THE CONGRESS.