B-160814, FEB. 16, 1967

B-160814: Feb 16, 1967

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SUFRIR: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. REQUESTING FURTHER REVIEW OF YOUR CLAIM FOR SICK AND TERMINAL OR ACCRUED PAY WHILE YOU WERE INTERNED IN THE JAPANESE INTERNMENT CAMP AT O-DONNELL. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 26. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO THAT DATE. THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. 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-160814, FEB. 16, 1967

TO MR. DOMINADOR C. SUFRIR:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1967, REQUESTING FURTHER REVIEW OF YOUR CLAIM FOR SICK AND TERMINAL OR ACCRUED PAY WHILE YOU WERE INTERNED IN THE JAPANESE INTERNMENT CAMP AT O-DONNELL, CAPAS, TARLAC, WHEN CORREGIDOR SURRENDERED TO THE ENEMY ON MAY 6, 1942.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 26, 1962. SINCE THERE IS NO RECORD OF YOUR FILING A CLAIM PRIOR TO THAT DATE, THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9, 1940.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71 (A), PROVIDES IN PART AS FOLLOWS:

"* * * THAT 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 SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"SEC. 2. 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.'

THE ACT OF OCTOBER 9, 1940, EXPRESSLY PROHIBITS CONSIDERATION BY THIS OFFICE OF CLAIMS FILED HERE LATER THAN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE LIMITATION, PRESCRIBED BY STATUTE, 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. SEE BARTLESVILLE ZINC COMPANY V. MELLON, 56 F.2D 154, AND CARPENTER V. UNITED STATES, 56 F.2D 828. CONSEQUENTLY, REGARDLESS OF HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTIONS MAY BE MADE TO THE STATUTE NOR MAY ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE.

WE TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM FOR COMPENSATION AND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.