B-153054, DEC. 23, 1963

B-153054: Dec 23, 1963

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DOMINADOR BROQUEZA: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN AUGUST 1963. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO THAT DATE. ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS SENT TO YOU. YOUR REQUEST FOR REVIEW IS BASED ON THE CONTENTION THAT THE GENERAL ACCOUNTING OFFICE DID NOT HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE SETTLEMENT HERE INVOLVED. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. "/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE. INASMUCH AS MORE THAN TEN FULL YEARS HAVE ELAPSED FROM THE DATE YOUR ALLEGED CLAIMS FIRST ACCRUED.

B-153054, DEC. 23, 1963

TO MR. DOMINADOR BROQUEZA:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25, 1963, ADDRESSED TO THE GENERAL SERVICES ADMINISTRATION, ST. LOUIS, MISSOURI, REQUESTING FURTHER REVIEW OF OUR SETTLEMENT DATED OCTOBER 17, 1963, WHICH DISALLOWED YOUR CLAIM FOR UNPAID COMPENSATION BASED UPON SERVICES RENDERED AS A CIVILIAN EMPLOYEE WITH THE DEPARTMENT OF THE ARMY BETWEEN DECEMBER 16-23, 1941, AND FROM MARCH 1, 1946, TO MARCH 8, 1947, IN MANILA, PHILIPPINES.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN AUGUST 1963. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO THAT DATE, THE CLAIMS DIVISION OF OUR OFFICE ON AUGUST 16, 1963, AND OCTOBER 17, 1963, ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS SENT TO YOU. THIS TIME, YOUR REQUEST FOR REVIEW IS BASED ON THE CONTENTION THAT THE GENERAL ACCOUNTING OFFICE DID NOT HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE SETTLEMENT HERE INVOLVED.

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

"/1) 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 SECTIONS 71 AND 236 OF THIS TITLE 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.

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

PLEASE OBSERVE THAT THE ACT OF OCTOBER 9, 1940, EXPRESSLY PROHIBITS CONSIDERATION BY THIS OFFICE OF CLAIMS FILED HERE LATER THAN TEN FULL YEARS AFTER SUCH CLAIM ACCRUED. INASMUCH AS MORE THAN TEN FULL YEARS HAVE ELAPSED FROM THE DATE YOUR ALLEGED CLAIMS FIRST ACCRUED, OR FROM THE TIME YOU LEFT THE SERVICE OF THE UNITED STATES IN 1941 AND 1947, RESPECTIVELY, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM REGARDLESS OF WHETHER IT IS MERITORIOUS OR NOT. MOREOVER, THE FILING OF YOUR CLAIMS WITH OTHER GOVERNMENT AGENCIES DOES NOT SATISFY THE PROVISIONS OF THE ACT, WHICH REQUIRES THE FILING OF CLAIMS WITHIN THE TEN-YEAR PERIOD WITH THIS OFFICE, NOT SOME OTHER GOVERNMENT AGENCY. SEE OUR DECISION, B-112867, DECEMBER 3, 1952, A COPY OF WHICH IS ENCLOSED.

WE TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM FOR COMPENSATION AND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.