B-153568, MAR. 16, 1964

B-153568, MAR. 16, 1964

TO MR. BURLEY K. RILEY:

THIS IS IN FURTHER REFERENCE TO YOUR CLAIM FOR REDEMPTION OF CERTAIN MILITARY PAYMENT CERTIFICATES RECEIVED DURING YOUR SERVICE IN WORLD WAR II. THE CLAIM WAS THE SUBJECT OF YOUR LETTER OF JANUARY 6, 1964, AND OUR REPLY DATED JANUARY 21.

YOUR CLAIM HAS NOW BEEN PRESENTED TO US BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, WITH THE ADVICE THAT NO FUNDS ARE AVAILABLE TO THE DEPARTMENT OF THE ARMY FOR THE PAYMENT OF SUCH CLAIMS, AND REQUESTING THAT WE CONSIDER YOUR CLAIM AS A "MERITORIOUS CLAIM" UNDER 31 U.S.C. 236, WHICH 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.'

YOUR CLAIM WAS FIRST BROUGHT TO THE ATTENTION OF OUR OFFICE BY YOUR LETTER OF JANUARY 6, 1964. ASSUMING THAT YOUR CLAIM IS OTHERWISE ELIGIBLE FOR PRESENTATION TO THE CONGRESS UNDER THE ABOVE-QUOTED ACT, THE AUTHORITY OF OUR OFFICE TO CONSIDER CLAIMS THEREUNDER SUBSEQUENTLY HAS BEEN LIMITED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A AND 237, TO THOSE CLAIMS WHICH ARE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME SPECIFIED THEREIN. THIS LATTER ACT PROVIDES IN PART 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.'

SINCE YOUR CLAIM FIRST ACCRUED MORE THAN TEN YEARS AGO AND WAS NOT PRESENTED WITHIN FIVE YEARS AFTER PEACE WAS ESTABLISHED, IT FOLLOWS THAT, AS A MATTER OF LAW AND ASIDE FROM ANY OTHER CONSIDERATIONS, WE MAY NOT REPORT YOUR CLAIM TO THE CONGRESS.