B-153148, JAN. 22, 1964

B-153148: Jan 22, 1964

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PROVIDES AS FOLLOWS: "WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE. FROM OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS ENCLOSED WITH OUR LETTER. ASSUMING THAT YOUR CLAIM IS OTHERWISE ELIGIBLE FOR PRESENTATION TO THE CONGRESS AS A . THE AUTHORITY OF OUR OFFICE TO CONSIDER CLAIMS THEREUNDER IS LIMITED BY THE ACT OF OCTOBER 9. TO THOSE CLAIMS WHICH ARE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME SPECIFIED THEREIN. SINCE YOUR CLAIM WAS NOT PRESENTED TO OUR OFFICE WITHIN THE TIME SPECIFIED IN THE ACT OF OCTOBER 9.

B-153148, JAN. 22, 1964

TO MR. PEDRO G. OLIVEROS:

BY LETTER OF DECEMBER 9, 1963, THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, FORWARDED TO OUR OFFICE YOUR LETTER DATED JULY 23, 1963, REGARDING YOUR CLAIM FOR REIMBURSEMENT FOR JAPANESE FILIPINO CURRENCY IN THE AMOUNT OF P 4,012 FOR POSSIBLE CONSIDERATION AS A ,MERITORIOUS CLAIM" UNDER THE PROVISIONS OF 31 U.S.C. 236.

SECTION 236, TITLE 31, U.S.C. PROVIDES AS FOLLOWS:

"WHEN THERE IS FILED IN THE GENERAL ACCOUNTING OFFICE A CLAIM OR DEMAND AGAINST THE UNITED STATES THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM OR DEMAND IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, HE SHALL SUBMIT THE SAME TO THE CONGRESS BY A SPECIAL REPORT CONTAINING THE MATERIAL FACTS AND HIS RECOMMENDATION THEREON.'

THE RECORD SHOWS THAT IN 1962, YOU SUBMITTED A CLAIM DIRECTLY TO OUR OFFICE SIMILAR TO THE ONE SET FORTH IN YOUR LETTER OF JULY 23, 1963, TO THE FINANCE CENTER, UNITED STATES ARMY. BY LETTER OF MAY 17, 1963, FROM OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, 237, A COPY OF WHICH WAS ENCLOSED WITH OUR LETTER.

ASSUMING THAT YOUR CLAIM IS OTHERWISE ELIGIBLE FOR PRESENTATION TO THE CONGRESS AS A ,MERITORIOUS CLAIM" UNDER THE ABOVE-QUOTED PROVISIONS OF 31 U.S.C. 236, THE AUTHORITY OF OUR OFFICE TO CONSIDER CLAIMS THEREUNDER IS LIMITED BY THE ACT OF OCTOBER 9, 1940, CITED ABOVE, TO THOSE CLAIMS WHICH ARE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME SPECIFIED THEREIN.

SINCE YOUR CLAIM WAS NOT PRESENTED TO OUR OFFICE WITHIN THE TIME SPECIFIED IN THE ACT OF OCTOBER 9, 1940, IT FOLLOWS THAT, AS A MATTER OF LAW AND ASIDE FROM ANY OTHER CONSIDERATION, WE MAY NOT REPORT YOUR CLAIM TO THE CONGRESS.