B-152810, NOV. 19, 1963

B-152810: Nov 19, 1963

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SALVADOR GARCIA: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 21. YOUR REQUEST FOR CONSIDERATION OF THIS MATTER IS BASED ON YOUR ALLEGATION THAT YOU FILED YOUR CLAIM IN 1958 AND THEREFORE IT IS NOT BARRED BY THE ACT OF OCTOBER 9. WHICH WAS RECEIVED IN THIS OFFICE APRIL 11. WAS THE FIRST LETTER RECEIVED BY THE GENERAL ACCOUNTING OFFICE RELATIVE TO A CLAIM BASED ON YOUR MILITARY SERVICE. ASSERTING A CLAIM FOR MUSTERING-OUT PAY WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 14. WAS RETURNED TO YOU BY LETTER DATED JANUARY 28. IT MUST HAVE BEEN SENT TO SOME OTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT. SUCH ACTION WOULD NOT TOLL THE STATUTE WHICH BY ITS PLAIN TERMS PROVIDES THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED FROM CONSIDERATION UNLESS SUCH CLAIM IS RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

B-152810, NOV. 19, 1963

TO MR. SALVADOR GARCIA:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 21, 1963, IN REPLY TO LETTER OF OUR CLAIMS DIVISION DATED JULY 30, 1963, ADVISING YOU THAT THIS OFFICE MAY NOT CONSIDER YOUR CLAIM FOR MUSTERING-OUT PAY UPON YOUR DISCHARGE ON MAY 8, 1949, AFTER SERVICE AS A PHILIPPINE SCOUT.

YOUR REQUEST FOR CONSIDERATION OF THIS MATTER IS BASED ON YOUR ALLEGATION THAT YOU FILED YOUR CLAIM IN 1958 AND THEREFORE IT IS NOT BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

YOUR LETTER DATED APRIL 6, 1960, WHICH WAS RECEIVED IN THIS OFFICE APRIL 11, 1960, AND RETURNED ON APRIL 21, 1960, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, WAS THE FIRST LETTER RECEIVED BY THE GENERAL ACCOUNTING OFFICE RELATIVE TO A CLAIM BASED ON YOUR MILITARY SERVICE. A LETTER DATED DECEMBER 4, 1962, ASSERTING A CLAIM FOR MUSTERING-OUT PAY WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 14, 1963, AND WAS RETURNED TO YOU BY LETTER DATED JANUARY 28, 1963. IF YOU FILED A CLAIM IN 1958, IT MUST HAVE BEEN SENT TO SOME OTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT. SUCH ACTION WOULD NOT TOLL THE STATUTE WHICH BY ITS PLAIN TERMS PROVIDES THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED FROM CONSIDERATION UNLESS SUCH CLAIM IS RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

THE LIMITATION CONTAINED IN THE ACT IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE, NOR ANY PUBLIC OFFICIAL, MAY MAKE EXCEPTIONS TO THE PROVISIONS OF THE STATUTE, NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. HENCE WE TRUST THAT YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW AND THERE IS NO ACTION WHICH LEGALLY MAY BE TAKEN IN THE MATTER.