B-159381, AUG. 31, 1966

B-159381: Aug 31, 1966

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WARD: YOUR RECENT LETTER TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR A REWARD FOR TURNING OVER TO CIVILIAN AUTHORITIES A DRAFT OF UNITED STATES CURRENCY WHICH YOU STATE THAT YOU FOUND WHILE YOU WERE ON ACTIVE DUTY IN IRELAND DURING WORLD WAR II. YOU WERE ADVISED BY US IN LETTERS DATED MARCH 14. IN SUCH CASES THE STATUTE EXPRESSLY PROHIBITS CONSIDERATION OF A CLAIM FILED HERE LATER THAN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED AND IT CONTAINS NO EXCEPTION WHICH WOULD PERMIT US TO CONSIDER CLAIMS OF INDIVIDUALS WHICH WERE NOT TIMELY FILED IN THIS OFFICE. UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE.

B-159381, AUG. 31, 1966

TO MR. JAMES W. WARD:

YOUR RECENT LETTER TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR A REWARD FOR TURNING OVER TO CIVILIAN AUTHORITIES A DRAFT OF UNITED STATES CURRENCY WHICH YOU STATE THAT YOU FOUND WHILE YOU WERE ON ACTIVE DUTY IN IRELAND DURING WORLD WAR II, HAS BEEN FORWARDED HERE FOR REPLY.

YOU WERE ADVISED BY US IN LETTERS DATED MARCH 14, APRIL 21 AND JUNE 23, 1966, THAT OUR FILES DO NOT CONTAIN ANY INFORMATION CONCERNING THE CURRENCY IN QUESTION. FURTHERMORE, THE OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR ARMY INTELLIGENCE INFORMED US THAT THE FILES OF THAT OFFICE CONTAIN NO INFORMATION CONCERNING THE MATTER.

IN OUR LETTER OF MARCH 14, 1966, WE INFORMED YOU THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. 32 COMP. GEN. 267. YOU FAILED TO FILE YOUR CLAIM IN THE GENERAL ACCOUNTING OFFICE WITHIN THE REQUIREMENTS OF THE STATUTE.

IN SUCH CASES THE STATUTE EXPRESSLY PROHIBITS CONSIDERATION OF A CLAIM FILED HERE LATER THAN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED AND IT CONTAINS NO EXCEPTION WHICH WOULD PERMIT US TO CONSIDER CLAIMS OF INDIVIDUALS WHICH WERE NOT TIMELY FILED IN THIS OFFICE.

THE LIMITATION PRESCRIBED BY THE ACT OF OCTOBER 9, 1940, UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. COMPARE BARTLESVILLE ZINC COMPANY V. MELLON, 56 F.2D 154 (1932), AND CARPENTER V. UNITED STATES, 56 F.2D 828 (1932). EVEN THOUGH YOU WERE NOT AWARE OF THE PROVISIONS OF THE ABOVE ACT AND MAY HAVE FILED PREVIOUS CLAIMS WITH ANOTHER AGENCY OF THE GOVERNMENT, NO EXCEPTION MAY BE MADE TO THE PROVISIONS OF THE ACT.

IN VIEW OF THE ABOVE, WE MUST ADVISE YOU THAT NO FURTHER ACTION CAN BE TAKEN IN THE MATTER AND NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CORRESPONDENCE.