B-158561, MAR. 8, 1966

B-158561, MAR. 8, 1966

TO MR. RALPH E. SAVAGE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1966, CONCERNING YOUR CLAIM FOR TRAVEL PAY INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES AIR FORCE ON MAY 29, 1951.

THE RECORD SHOWS THAT YOUR CLAIM FOR TRAVEL PAY WAS FRST RECEIVED IN OUR OFFICE IN JUNE 1964, AND SINCE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED SINCE THE DATE OF THE ACCRUAL OF YOUR CLAIM, MAY 29, 1951, WHEN YOU WERE DISCHARGED FROM THE AIR FORCE, OUR CLAIMS DIVISION BY LETTER DATED JULY 24, 1964, RETURNED THE CLAIM AND SUPPORTING PAPER TO YOU ALONG WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT UNDER THAT ACT YOUR CLAIM WAS BARRED. THE ACT OF OCTOBER 9, 1940, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THAT EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.

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

BY LETTER OF AUGUST 17, 1964, TO OUR OFFICE YOU AGAIN REQUESTED TRAVEL PAY INCIDENT TO YOUR DISCHARGE FROM THE AIR FORCE. THE CLAIMS DIVISION INFORMED YOU IN LETTER OF AUGUST 25, 1964, THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE IN JUNE 1964 AND SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THEN AND THE DATE YOUR CLAIM FIRST ACCRUED ON MAY 29, 1951, CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. YOU WERE ALSO INFORMED IN THE LETTER OF AUGUST 25, 1964, THAT OUR OFFICE HAD BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940, TO MAKE ANY EXCEPTION TO ITS PROVISIONS. IN YOUR LETTER OF JANUARY 28, 1966, TO OUR OFFICE YOU EXPLAIN THAT YOU DID NOT KNOW WHEN YOU WERE DISCHARGED AT CAMP STONEMAN, CALIFORNIA, THAT YOU HAD NOT RECEIVED TRAVEL PAY IN YOUR FINAL PAY AND URGE THAT NOTWITHSTANDING THE LAW, OUR OFFICE SHOULD AUTHORIZE PAYMENT OF YOUR CLAIM.

WHILE APPRECIATING YOUR FEELINGS WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT THE ACT OF OCTOBER 9, 1940, IS THE SOLE PROVISION OF LAW WHICH IS APPLICABLE IN THE CONSIDERATION OF YOUR CLAIM AND WHICH GOVERNS THE ACTION TO BE TAKEN BY THIS OFFICE THEREON. THAT ACT UNEQUIVOCALLY PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT ACCRUED. CONSIDERATION OF YOUR CLAIM ON ITS MERITS WOULD BE AUTHORIZED ONLY IF YOUR CLAIM HAD BEEN FILED IN THIS OFFICE PRIOR TO MAY 29, 1961, THAT IS, WITHIN 10 YEARS AFTER THE DATE YOU WERE DISCHARGED FROM THE AIR FORCE. SINCE THE RECORD SHOWS THAT YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JUNE 1964, THIS OFFICE IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING THAT CLAIM. FURTHERMORE, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE EXCEPTION TO THE ACT, NOW DOES IT CONFER JURISDICTION UPON THIS OFFICE TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE BECAUSE OF THE CIRCUMSTANCES SURROUNDING THE DELAY IN THE FILING OF THE CLAIM. ACCORDINGLY, THERE IS NO FURTHER ACTION THAT WE