B-159086, MAY 13, 1966

B-159086: May 13, 1966

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YOU CLAIM A PENSION FROM THE UNITED STATES FOR AT LEAST THREE-FOURTHS OF YOUR BASE PAY AT THE TIME YOU WERE EMPLOYED BY THE U.S. YOU ARE CLAIMING THE MONEY AS DAMAGES. WE ARE AWARE OF NO LEGAL BASIS FOR PAYMENT OF SUCH A CLAIM AGAINST THE GOVERNMENT. BY STATUTE PROVISION IS MADE FOR CONSIDERATION OF CLAIMS AGAINST THE UNITED STATES "FOR INJURY OR LOSS OF PROPERTY OR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENT OR WRONGFUL ACT OR OMISSION OF ANY EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT.'. EVEN IN THOSE CASES THE CLAIM OR ACTION GENERALLY IS REQUIRED TO BE FILED OR BEGUN WITHIN TWO YEARS AFTER THE CLAIM ACCRUED. 54 STAT. 1061) YOU ARE INFORMED THAT THIS STATUTE PLACES NO LIMITATION ON CLAIMS BY THE UNITED STATES.

B-159086, MAY 13, 1966

TO MR. ANDREW MORGAN:

IN YOUR LETTER OF APRIL 22, 1966, YOU CLAIM A PENSION FROM THE UNITED STATES FOR AT LEAST THREE-FOURTHS OF YOUR BASE PAY AT THE TIME YOU WERE EMPLOYED BY THE U.S. ARMY FROM AUGUST 13, 1951, TO OCTOBER 29, 1951, AT CAMP IRWIN, CALIFORNIA. SINCE YOU CLAIM THE PENSION ON ACCOUNT OF CRUEL TREATMENT AND ABUSIVE WORDS WHILE SO EMPLOYED AT CAMP IRWIN, CALIFORNIA, YOU ARE CLAIMING THE MONEY AS DAMAGES.

WE ARE AWARE OF NO LEGAL BASIS FOR PAYMENT OF SUCH A CLAIM AGAINST THE GOVERNMENT. BY STATUTE PROVISION IS MADE FOR CONSIDERATION OF CLAIMS AGAINST THE UNITED STATES "FOR INJURY OR LOSS OF PROPERTY OR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENT OR WRONGFUL ACT OR OMISSION OF ANY EMPLOYEE OF THE GOVERNMENT WHILE ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT.' HOWEVER, EVEN IN THOSE CASES THE CLAIM OR ACTION GENERALLY IS REQUIRED TO BE FILED OR BEGUN WITHIN TWO YEARS AFTER THE CLAIM ACCRUED.

IN REGARD TO YOUR COMMENTS RELATING TO THE 10-YEAR STATUTE OF LIMITATIONS ON CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE (ACT OF OCTOBER 9, 1940, 54 STAT. 1061) YOU ARE INFORMED THAT THIS STATUTE PLACES NO LIMITATION ON CLAIMS BY THE UNITED STATES.