B-160613, JAN. 18, 1967

B-160613: Jan 18, 1967

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LADJAHASAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18. YOUR CLAIM FOR QUARTERS ALLOWANCE WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 16. 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. OUR CLAIMS DIVISION ADVISED YOU THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. 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 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 FULL YEARS AFTER THE DATE ON WHICH IT FIRST ACCRUED.

B-160613, JAN. 18, 1967

TO MR. JALIL H. LADJAHASAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1966, TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR QUARTERS ALLOWANCE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

YOUR CLAIM FOR QUARTERS ALLOWANCE WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 16, 1959, AND ON APRIL 1, 1959, 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 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 DATED JUNE 29, 1959, OUR CLAIMS DIVISION ADVISED YOU 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, DECEMBER 28, 1945), AND THE DATE ON WHICH IT WAS FIRST RECEIVED IN THIS OFFICE, MARCH 16, 1959. 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 THIS ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.

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 FULL YEARS AFTER THE DATE ON WHICH IT FIRST ACCRUED. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE EXCEPTION TO THE ACT, AND WE HAVE NO AUTHORITY 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 FROM THE SERVICE ON DECEMBER 28, 1945, AND WAS NOT RECEIVED HERE UNTIL MARCH 16, 1959, OR MORE THAN 10 YEARS AFTER THAT DATE, IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND WE MAY NOT CONSIDER IT. ..END :