B-152025, AUG. 30, 1963
Highlights
FROM THE AIR FORCE ACCOUNTING AND FINANCE CENTER THERE WAS FORWARDED TO OUR OFFICE THE CLAIM AND FILE OF SHIN KYUN III AND/OR THE SAMDO FOREST COMPANY OF SEOUL. THE RECORD SHOWS THAT THE LUMBER WAS USED FOR THE CONSTRUCTION OF TENT HOUSING AND OTHER FACILITIES AT SUWON (K-13) AIR BASE. OUR OFFICE WAS REQUIRED TO DISALLOW THE CLAIM. SINCE THE CLAIM APPARENTLY WAS TIMELY FILED WITH THE DEPARTMENT. ACCORDINGLY WE ARE RETURNING THE FILE IN THIS CASE FOR SUCH ACTION AS IS CONSIDERED PROPER AND REQUEST THAT OUR OFFICE BE ADVISED OF THE FINAL DISPOSITION OF THE CLAIM. THE CLAIMANT IS BEING ADVISED OF THE REFERENCE OF THE MATTER TO YOUR DEPARTMENT.
B-152025, AUG. 30, 1963
TO THE SECRETARY OF THE AIR FORCE:
BY LETTER DATED MARCH 7, 1963, FROM THE AIR FORCE ACCOUNTING AND FINANCE CENTER THERE WAS FORWARDED TO OUR OFFICE THE CLAIM AND FILE OF SHIN KYUN III AND/OR THE SAMDO FOREST COMPANY OF SEOUL, KOREA, FOR THE PAYMENT OF $336,344 PLUS INTEREST FOR THE PINE LUMBER REMOVED FROM THE CLAIMANT'S STOCK PILE BY THE UNITED STATES GOVERNMENT DURING MARCH AND APRIL, 1951, ALLEGEDLY WITHOUT AUTHORIZATION OR CONSENT. THE RECORD SHOWS THAT THE LUMBER WAS USED FOR THE CONSTRUCTION OF TENT HOUSING AND OTHER FACILITIES AT SUWON (K-13) AIR BASE, KOREA.
BECAUSE OF THE BARRING PROVISIONS OF THE ACT OF OCTOBER 10, 1940, 31 U.S.C. 71A, AND THE CLAIM HAVING ACCRUED MORE THAN TEN FULL YEARS BEFORE RECEIPT IN THE GENERAL ACCOUNTING OFFICE, OUR OFFICE WAS REQUIRED TO DISALLOW THE CLAIM.
WE SUGGEST, HOWEVER THAT, SINCE THE CLAIM APPARENTLY WAS TIMELY FILED WITH THE DEPARTMENT, STATUTORY AUTHORITY MAY EXIST WITHIN THE DEPARTMENT OF DEFENSE FOR THE PROPER ADJUDICATION OF THIS CLAIM. ACCORDINGLY WE ARE RETURNING THE FILE IN THIS CASE FOR SUCH ACTION AS IS CONSIDERED PROPER AND REQUEST THAT OUR OFFICE BE ADVISED OF THE FINAL DISPOSITION OF THE CLAIM.
THE CLAIMANT IS BEING ADVISED OF THE REFERENCE OF THE MATTER TO YOUR DEPARTMENT.