B-152595, OCT. 11, 1963

B-152595: Oct 11, 1963

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DAGATAN: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 23. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO SEPTEMBER 1959. THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS SENT TO YOU. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. CONSIDERATION OF YOUR CLAIM IS EXPRESSLY PRECLUDED BY LAW. THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.

B-152595, OCT. 11, 1963

TO MR. LORETO O. DAGATAN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1963, REQUESTING FURTHER REVIEW OF OUR SETTLEMENT DATED JUNE 3, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION BASED UPON SERVICES RENDERED AS A CIVILIAN EMPLOYEE WITH THE WAR DEPARTMENT (DEPARTMENT OF THE ARMY)DURING THE PERIOD OCTOBER 9, 1946, TO SEPTEMBER 24, 1949.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 23, 1963. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO SEPTEMBER 1959, THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS SENT TO YOU. ON JULY 15, 1963, OUR OFFICE RECEIVED A SECOND LETTER FROM YOU WITH EVIDENCE INDICATING THAT YOU HAD ORIGINALLY FILED A CLAIM WITH THE UNITED STATES ARMY FINANCE CENTER IN INDIANAPOLIS, INDIANA, ON JULY 21, 1956. BY LETTER DATED JULY 24, 1963, OUR CLAIMS DIVISION INFORMED YOU THAT THE FILING OF YOUR CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT MAY NOT BE CONSIDERED A SUFFICIENT COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, AND, THEREFORE, SUSTAINED THE SETTLEMENT OF JUNE 3, 1963.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71 (A), PROVIDES IN PART AS FOLLOWS:

"THAT 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 SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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.

"SEC. 2 WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

PLEASE OBSERVE THAT THE ABOVE-QUOTED PROVISIONS REQUIRE CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BAR CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. THE FILING OF YOUR CLAIM IN ANY OTHER ADMINISTRATIVE OFFICE DOES NOT MEET THE REQUIREMENTS OF THAT STATUTE. SEE 32 COMP. GEN. 267 (COPY ENCLOSED).

THE LIMITATION, PRESCRIBED BY STATUTE, UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. SEE BARTLESVILLE ZINC COMPANY V. MELLON, 56F.2D 154 AND CARPENTER V. UNITED STATES, 56 F.2D 828. CONSEQUENTLY, REGARDLESS OF HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTIONS MAY BE MADE TO THE STATUTE, NOR MAY ANY EXTENSIONS OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE. SEE 25 COMP. GEN. 670 AND B-148496, APRIL 10, 1962 (COPIES ENCLOSED).

WE REGRET THAT A FAVORABLE REPLY CANNOT BE MADE IN THIS CASE, BUT CONSIDERATION OF YOUR CLAIM IS EXPRESSLY PRECLUDED BY LAW, AND THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.