B-154345, SEP. 3, 1964

B-154345: Sep 3, 1964

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YOUR ORIGINAL CLAIM FOR THE SUBJECT ITEM WAS RECEIVED IN OUR OFFICE ON JANUARY 31. THAT THE DEPARTMENT OF THE NAVY HAD DETERMINED THAT THE PRESUMPTIVE DATE OF YOUR HUSBAND'S DEATH WAS SEPTEMBER 2. THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. WHICH PROHIBITS THE GENERAL ACCOUNTING OFFICE FROM CONSIDERING A CLAIM WHICH IS NOT RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS FROM THE DATE THE CLAIM FIRST ACCRUED. A COPY OF THE 1940 ACT WAS FURNISHED YOU WITH THAT LETTER. YOU WERE INFORMED IN OUR LETTERS OF AUGUST 19 AND NOVEMBER 27. SINCE THE EVENT UPON WHICH YOUR CLAIM IS BASED WAS THE DEATH OF YOUR HUSBAND. DETERMINED BY THE DEPARTMENT OF THE NAVY PURSUANT TO LAW TO HAVE OCCURRED PRESUMPTIVELY ON SEPTEMBER 2.

B-154345, SEP. 3, 1964

TO MRS. SOTERA G. VDA. DE TACLAN:

WE REFER TO YOUR LETTER OF MAY 11, 1964, IN WHICH YOU AGAIN CLAIM PAYMENT FOR ANNUAL LEAVE ALLEGED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, GRACIANO TACLAN, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

YOUR ORIGINAL CLAIM FOR THE SUBJECT ITEM WAS RECEIVED IN OUR OFFICE ON JANUARY 31, 1956. IN RESPONSE TO YOUR LETTER OF JULY 30, 1956, WE INFORMED YOU IN OUR LETTER OF SEPTEMBER 10, 1956, THAT THE DEPARTMENT OF THE NAVY HAD DETERMINED THAT THE PRESUMPTIVE DATE OF YOUR HUSBAND'S DEATH WAS SEPTEMBER 2, 1944; AND THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, PUBLIC LAW NO. 820, 76TH CONGRESS, WHICH PROHIBITS THE GENERAL ACCOUNTING OFFICE FROM CONSIDERING A CLAIM WHICH IS NOT RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS FROM THE DATE THE CLAIM FIRST ACCRUED. A COPY OF THE 1940 ACT WAS FURNISHED YOU WITH THAT LETTER. YOU WERE INFORMED IN OUR LETTERS OF AUGUST 19 AND NOVEMBER 27, 1957, AND JANUARY 13, 1958.

SINCE THE EVENT UPON WHICH YOUR CLAIM IS BASED WAS THE DEATH OF YOUR HUSBAND, DETERMINED BY THE DEPARTMENT OF THE NAVY PURSUANT TO LAW TO HAVE OCCURRED PRESUMPTIVELY ON SEPTEMBER 2, 1944, A CLAIM RECEIVED HERE IN 1956 WAS NOT FILED WITHIN THE 10-YEAR PERIOD PRESCRIBED BY THE 1940 ACT. THEREFORE, WE MUST AFFIRM THE ACTION HERETOFORE TAKEN IN BARRING YOUR CLAIM.

AS YOU WERE INFORMED IN OUR LETTER OF JANUARY 13, 1958, FAVORABLE CONSIDERATION COULD NOT BE GIVEN YOUR CLAIM IF IT HAD BEEN RECEIVED WITHIN THE 10-YEAR PERIOD PRESCRIBED BY LAW. THE FIRST GENERAL AUTHORITY FOR CASH PAYMENT FOR THE SECURED ANNUAL LEAVE OF A DECEASED EMPLOYEE OF THE UNITED STATES GOVERNMENT WAS THE ACT OF DECEMBER 21, 1944 (VOLUME 58, UNITED STATES STATUTES AT LARGE, PAGE 845). THAT ACT APPLIES ONLY TO CASES IN WHICH DEATH OCCURRED ON OR AFTER DECEMBER 21, 1944 (THE DATE THE ACT BECAME LAW). WE HAVE NO AUTHORITY TO ALLOW ANY PAYMENT FROM MONEYS OF THE UNITED STATES GOVERNMENT WHEN THERE IS NO LAW (STATUTE OR ACT) AUTHORIZING THE PAYMENT.

WE BELIEVE THAT WE HAVE FURNISHED YOU A FULL EXPLANATION OF THE REASONS WHY WE CANNOT FAVORABLY CONSIDER YOUR CLAIM, AND THAT FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSES. THEREFORE, ANY FUTURE LETTER FROM YOU REASSERTING THIS PARTICULAR CLAIM WILL BE FILED WITHOUT REPLY.