B-159626, JUL. 28, 1966
Highlights
LABOGUEN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17. YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 1. IT WAS RETURNED TO YOU FOR THE REASON THAT IT IS BARRED BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS FURNISHED YOU. FROM OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE ON WHICH IT ACCRUED (THE DATE OF YOUR DISCHARGE FROM THE SERVICE) AND THE DATE ON WHICH IT WAS FIRST RECEIVED IN THIS OFFICE. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ACT OF OCTOBER 9. PROVIDES NO BASIS FOR THE CONSIDERATION OF YOUR CLAIM BY OUR OFFICE SINCE EVERYONE IS CHARGEABLE WITH NOTICE OF PUBLIC LAWS AND UNLESS THE LAW SO PROVIDES.
B-159626, JUL. 28, 1966
TO MR. EUGENIO P. LABOGUEN:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1966, IN EFFECT REQUESTING RECONSIDERATION OF YOUR CLAIM FOR VARIOUS AMOUNTS BELIEVED DUE YOU INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS.
YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 1, 1966, AND ON FEBRUARY 21, 1966, IT WAS RETURNED TO YOU FOR THE REASON THAT IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH WAS FURNISHED YOU. THIS ACT PROVIDES IN PERTINENT PART AS OLLOWS:
"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 DATED APRIL 25, 1966, FROM OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE ON WHICH IT ACCRUED (THE DATE OF YOUR DISCHARGE FROM THE SERVICE) AND THE DATE ON WHICH IT WAS FIRST RECEIVED IN THIS OFFICE. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ACT OF OCTOBER 9, 1940, PROVIDES NO BASIS FOR THE CONSIDERATION OF YOUR CLAIM BY OUR OFFICE SINCE EVERYONE IS CHARGEABLE WITH NOTICE OF PUBLIC LAWS AND UNLESS THE LAW SO PROVIDES, NO AGENCY OF THE GOVERNMENT IS REQUIRED TO INFORM ANYONE OF A RIGHT HE MAY HAVE UNDER THE LAW.
IN YOUR LETTER OF JUNE 17, 1966, YOU URGE THAT THE ACT OF OCTOBER 9, 1940, SHOULD NOT BE APPLIED AS AFFECTING THE RIGHTS OF VETERANS OF WORLD WAR II ACCRUING AFTER ITS ENACTMENT BECAUSE TIMES CHANGE AND A LAW WHICH DOES NOT CHANGE WITH THE TIMES IS DICTATORIAL.
THE ACT OF OCTOBER 9, 1940, PROVIDES UNEQUIVOCALLY 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. CHANGES IN CONDITIONS AFFORD NO BASIS UPON WHICH SUCH EXPRESS PROVISION MAY BE DISREGARDED.
FURTHERMORE, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE EXCEPTION TO THE ACT, NOR 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.
SINCE YOUR CLAIM ACCRUED AT THE TIME OF YOUR DISCHARGE AND WAS NOT RECEIVED HERE UNTIL FEBRUARY 1, 1966, OR MORE THAN 10 YEARS AFTER THAT DATE, IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND WE MAY NOT ACCORD IT CONSIDERATION.