B-150437, DEC. 31, 1962

B-150437: Dec 31, 1962

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WHICH IS PUBLISHED AT PAGE 1061 OF VOLUME 54 OF THE UNITED STATES STATUTES AT LARGE. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. YOUR CLAIM IS FOR "ARREARS IN PAY" FOR SERVICES RENDERED AS ACIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FROM JUNE 1941. THE EARLIEST CLAIM OF YOURS WHICH REACHED THIS OFFICE WAS CONTAINED IN YOUR LETTER OF JUNE 20. SINCE THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD PRESCRIBED BY THE 1940 STATUTE. IN RETURNING THE CLAIM TO YOU WITH A COPY OF THE 1940 STATUTE AS PROVIDED BY SECTION 2 THEREOF WAS THE ONLY LAWFUL ACTION WE COULD TAKE. WE HAVE MADE AN EXTENSIVE SEARCH OF OUR FILES BUT WE HAVE NOT BEEN ABLE TO FIND A RECORD OF ANY SUCH CLAIM.

B-150437, DEC. 31, 1962

TO MR. ENRIQUE B. BERMUDEZ:

IN COMPLIANCE WITH THE REQUEST IN YOUR LETTER OF NOVEMBER 27, 1962, WE ENCLOSE A COPY OF THE ACT OF OCTOBER 9, 1940 (PUBLIC NO. 820, 76TH CONGRESS), WHICH IS PUBLISHED AT PAGE 1061 OF VOLUME 54 OF THE UNITED STATES STATUTES AT LARGE. FOR YOUR INFORMATION WE QUOTE SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, REFERRED TO IN THE 1940 STATUTE AS FOLLOWS:

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

YOUR CLAIM IS FOR "ARREARS IN PAY" FOR SERVICES RENDERED AS ACIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FROM JUNE 1941, TO MAY 6, 1942. THE 1940 STATUTE CLEARLY SAYS THAT A CLAIM AGAINST THE UNITED STATES MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THE DATE THE CLAIM ACCRUED, IN ORDER TO BE ELIGIBLE FOR CONSIDERATION.

THE EARLIEST CLAIM OF YOURS WHICH REACHED THIS OFFICE WAS CONTAINED IN YOUR LETTER OF JUNE 20, 1962, TO THE UNITED STATES CIVIL SERVICE COMMISSION. THE COMMISSION FORWARDED THE LETTER HERE AND WE RECEIVED IT ON JULY 3, 1962--- MORE THAN 20 YEARS AFTER THE LAST DAY (MAY 6, 1942) FOR WHICH YOU CLAIMED PAY. SINCE THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD PRESCRIBED BY THE 1940 STATUTE, THE ACTION OUR CLAIMS DIVISION TOOK ON JULY 30, 1962, IN RETURNING THE CLAIM TO YOU WITH A COPY OF THE 1940 STATUTE AS PROVIDED BY SECTION 2 THEREOF WAS THE ONLY LAWFUL ACTION WE COULD TAKE.

YOU SAY THAT YOU FILED A CLAIM WITHIN THE STATUTORY 10-YEAR PERIOD. HOWEVER, WE HAVE MADE AN EXTENSIVE SEARCH OF OUR FILES BUT WE HAVE NOT BEEN ABLE TO FIND A RECORD OF ANY SUCH CLAIM. FURTHERMORE, IF YOU HAVE IN MIND A CLAIM SUBMITTED ON JUNE 9, 1953, AS INDICATED IN YOUR LETTER OF SEPTEMBER 25, 1962, TO OUR CLAIMS SERVICE SECTION, EVEN THAT DATE OCCURRED MORE THAN 10 YEARS AFTER THE LAST DAY (MAY 6, 1942) COVERED BY YOUR CLAIM. AS EXPLAINED TO YOU IN OUR LETTERS OF AUGUST 24 AND OCTOBER 17, 1962, THE FILING OF A CLAIM WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT OTHER THAN THE GENERAL ACCOUNTING OFFICE DOES NOT SATISFY THE REQUIREMENTS OF THE 1940 STATUTE.

AFTER THE MOST CAREFUL CONSIDERATION OF THE MATTER, WE CONCLUDE THAT THE ACTION HERETOFORE TAKEN ON YOUR CLAIM BY OUR CLAIMS DIVISION WAS PROPER AND MUST BE SUSTAINED.