B-150732, FEB. 6, 1963

B-150732: Feb 6, 1963

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PRIOR: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF NOVEMBER 20. REIMBURSEMENT OF HER TRAVEL EXPENSES WAS DENIED BY THE AGENCY ALTHOUGH YOU PREVIOUSLY HAD BEEN ADVISED THAT SUCH TRAVEL COULD BE PERFORMED AT THE EXPENSE OF THE GOVERNMENT. UNDER THE CIRCUMSTANCES OUTLINED YOU FEEL THAT YOU HAVE A JUST CLAIM AGAINST THE GOVERNMENT AND ASK WHAT ACTION MAY BE TAKEN. SINCE THE CLAIM IS BASED UPON TRAVEL PERFORMED MORE THAN 15 YEARS AGO. CONSIDERATION THEREOF IS PRECLUDED BY THE ACT OF OCTOBER 9. A COPY OF THE ACT IS ENCLOSED. WE REGRET THAT BECAUSE OF THE LIMITATION FIXED THEREIN WE ARE UNABLE TO TAKE ANY ACTION ON YOUR CLAIM.

B-150732, FEB. 6, 1963

TO MR. JOHN P. PRIOR:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF NOVEMBER 20, 1962, CONCERNING REIMBURSEMENT OF THE TRANSPORTATION EXPENSES OF YOUR WIFE INCIDENT TO YOUR EMPLOYMENT WITH THE FOREIGN LIQUIDATION COMMISSION, SOUTHWEST PACIFIC AREA.

IT APPEARS FROM YOUR LETTER THAT YOU ACCEPTED A DISCHARGE FROM THE ARMED SERVICES IN 1946 AT MANILA, PHILIPPINE ISLANDS, AND ACCEPTED CIVILIAN EMPLOYMENT WITH THE ABOVE-NAMED AGENCY AT THAT PLACE. SHORTLY THEREAFTER, YOUR WIFE TRAVELED FROM SILVER SPRING, MARYLAND (YOUR HOME OF RECORD WHILE IN MILITARY SERVICE), TO MANILA; HOWEVER, REIMBURSEMENT OF HER TRAVEL EXPENSES WAS DENIED BY THE AGENCY ALTHOUGH YOU PREVIOUSLY HAD BEEN ADVISED THAT SUCH TRAVEL COULD BE PERFORMED AT THE EXPENSE OF THE GOVERNMENT. ALSO, YOU SAY THAT YOU WROTE TO US CONCERNING THE MATTER ABOUT TWO YEARS AGO BUT RECEIVED NO REPLY.

UNDER THE CIRCUMSTANCES OUTLINED YOU FEEL THAT YOU HAVE A JUST CLAIM AGAINST THE GOVERNMENT AND ASK WHAT ACTION MAY BE TAKEN.

A THOROUGH SEARCH OF OUR FILES HAS FAILED TO DISCLOSE ANY PRIOR CORRESPONDENCE RELATING TO THE MATTER. HOWEVER, SINCE THE CLAIM IS BASED UPON TRAVEL PERFORMED MORE THAN 15 YEARS AGO, CONSIDERATION THEREOF IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71 (A), WHICH (WITH EXCEPTIONS NOT HERE PERTINENT) BARS ALL CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS PRESENTED TO THIS OFFICE WITHIN TEN YEARS FROM THE DATE THE CLAIM FIRST ACCRUED.

A COPY OF THE ACT IS ENCLOSED. WE REGRET THAT BECAUSE OF THE LIMITATION FIXED THEREIN WE ARE UNABLE TO TAKE ANY ACTION ON YOUR CLAIM.