B-159164, JUN. 13, 1966

B-159164: Jun 13, 1966

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FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED BY HIM ON WEEKENDS AND HOLIDAYS IN 1952. IN VIEW THEREOF PAYMENT OF THE CLAIM IS BARRED. THE FACT THAT A CLAIM WAS ORIGINALLY SUBMITTED TO THE ADMINISTRATIVE OFFICE IN 1954 DOES NOT SATISFY THE REQUIREMENT OF THE STATUTE THAT THE CLAIM BE RECEIVED IN OUR OFFICE WITHIN THE TIME LIMIT SPECIFIED.

B-159164, JUN. 13, 1966

TO AUTHORIZED CERTIFYING OFFICER, FEDERAL AVIATION AGENCY:

YOUR LETTER OF APRIL 21, 1966, REFERENCE AC-24, WITH ENCLOSURES, REFERRED TO US BY THE FEDERAL AVIATION AGENCY ON MAY 10, 1966, REFERENCE MS-430, ASKS WHETHER THE CLAIM OF MR. ALFRED B. BONE, 603 FOURTH AVENUE, N.E., ARDMORE, OKLAHOMA, FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED BY HIM ON WEEKENDS AND HOLIDAYS IN 1952, 1953 AND 1954 FOR THE FORMER CIVIL AERONAUTICS ADMINISTRATION MAY BE PAID.

THE PRESENTATION OF THE CLAIM TO US FOR THE FIRST TIME INVOKES THE PROVISIONS OF 31 U.S.C. 237 WHICH READS, IN PERTINENT 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: * * *

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.' IN VIEW THEREOF PAYMENT OF THE CLAIM IS BARRED. THE FACT THAT A CLAIM WAS ORIGINALLY SUBMITTED TO THE ADMINISTRATIVE OFFICE IN 1954 DOES NOT SATISFY THE REQUIREMENT OF THE STATUTE THAT THE CLAIM BE RECEIVED IN OUR OFFICE WITHIN THE TIME LIMIT SPECIFIED. MOREOVER, UNDER THAT STATUTE THERE WOULD BE NO AUTHORITY IN YOUR AGENCY TO NOW MAKE PAYMENT OF THE CLAIM EVEN IF OTHERWISE PROPER.