B-167688, SEP. 24, 1969

B-167688: Sep 24, 1969

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WHICH WAS NOT RECEIVED IN GAO UNTIL NOVEMBER 14. MORE THAN 3 YEARS AFTER ACCRUAL IS BARRED BY THE THREE-YEAR STATUTE OF LIMITATIONS. ADVISING THAT CONSIDERATION OF SUCH CLAIM WAS BARRED. WHICHEVER IS LATER.'. WHICH WAS PLACED IN TEMPORARY STORAGE AT DESTINATION. WERE PAID TO BEKINS VAN LINES IN THE AMOUNT OF $493.37 ON SEPTEMBER 29. YOUR INSTANT CLAIM IN THE AMOUNT OF $194.40 WAS FOR STORAGE CHARGES FROM MAY 20 TO SEPTEMBER 17. WAS MADE ON SEPTEMBER 17. YOUR CLAIM FOR $194.40 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 14. WHICH WAS MORE THAN THREE YEARS AFTER ACCRUAL OF THE CLAIM UPON THE COMPLETION OF THE SERVICE ON SEPTEMBER 17. YOU URGE THAT THE REJECTION OF YOUR CLAIM IS NOT APPROPRIATE SINCE IT WAS SUBMITTED TO THE MARINE CORPS WITHIN THE TIME LIMITATION AND IN SUPPORT OF YOUR POSITION YOU SUBMIT COPIES OF CORRESPONDENCE ADDRESSED TO THE COMMANDANT.

B-167688, SEP. 24, 1969

TRANSPORTATION - FREIGHT CHARGES - STATUTE OF LIMITATIONS DECISION TO BEKINS VAN AND STORAGE CO. ADVISING THAT CLAIM FOR STORAGE CHARGES, ETC., FOR DELIVERY OF HOUSEHOLD EFFECTS OF MEMBER OF MARINE CORPS ON SEPTEMBER 17, 1965, WHICH WAS NOT RECEIVED IN GAO UNTIL NOVEMBER 14, 1968, MORE THAN 3 YEARS AFTER ACCRUAL IS BARRED BY THE THREE-YEAR STATUTE OF LIMITATIONS, 49 U.S.C. 66.

TO BEKINS VAN AND STORAGE CO.:

WE REFER TO YOUR LETTER OF AUGUST 7, 1969, REQUESTING FURTHER CONSIDERATION OF THE ACTION OF OUR TRANSPORTATION DIVISION WHICH BY LETTER OF JULY 14, 1969, CLAIM TK-885205, RETURNED YOUR CLAIM PER BILL NO. BVL 15558 IN THE AMOUNT OF $194.40, ADVISING THAT CONSIDERATION OF SUCH CLAIM WAS BARRED, CITING SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED BY PUBLIC LAW 85-762, 49 U.S.C. 66. THE CITED ACT PROVIDES IN PERTINENT PART:

"* * * THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS (NOT INCLUDING ANY TIME OF WAR) FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED, OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION MADE PURSUANT TO THIS SECTION, WHICHEVER IS LATER.'

THE RECORD SHOWS THAT THE SHIPMENT INVOLVED THE HOUSEHOLD EFFECTS OF A MARINE CORPS SERGEANT WHICH MOVED UNDER GOVERNMENT BILL OF LADING NO. A- 5397876 FROM HAVELOCK, NORTH CAROLINA, TO MUNCIE, INDIANA; AND THAT THE ACCESSORIAL CHARGES AT ORIGIN AND THE LINEHAUL TRANSPORTATION CHARGES TO MUNCIE, INDIANA, ON THE SHIPMENT, WHICH WAS PLACED IN TEMPORARY STORAGE AT DESTINATION, WERE PAID TO BEKINS VAN LINES IN THE AMOUNT OF $493.37 ON SEPTEMBER 29, 1965, BY THE U.S. MARINE CORPS DISBURSING OFFICER, WASHINGTON, D.C.

YOUR INSTANT CLAIM IN THE AMOUNT OF $194.40 WAS FOR STORAGE CHARGES FROM MAY 20 TO SEPTEMBER 17, 1965 ($103.68) PLUS HANDLING ($25.92) AND DELIVERY CHARGES ($64.80) FROM STORAGE TO THE SERGEANT'S HOME AT MUNCIE. THE DELIVERY TO THE SERGEANT'S HOME, WHICH COMPLETED THE SERVICES AUTHORIZED ON THE TRANSPORTATION REQUEST, WAS MADE ON SEPTEMBER 17, 1965. YOUR CLAIM FOR $194.40 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 14, 1968, WHICH WAS MORE THAN THREE YEARS AFTER ACCRUAL OF THE CLAIM UPON THE COMPLETION OF THE SERVICE ON SEPTEMBER 17, 1965, AND THE PAYMENT OF THE CHARGES ON SEPTEMBER 29, 1965. YOU URGE THAT THE REJECTION OF YOUR CLAIM IS NOT APPROPRIATE SINCE IT WAS SUBMITTED TO THE MARINE CORPS WITHIN THE TIME LIMITATION AND IN SUPPORT OF YOUR POSITION YOU SUBMIT COPIES OF CORRESPONDENCE ADDRESSED TO THE COMMANDANT, UNITED STATES MARINE CORPS BETWEEN MARCH 11 AND AUGUST 18, 1966, INQUIRING AS TO THE STATUS OF YOUR CLAIM. HOWEVER, THE CLEAR TERMS OF THE STATUTE OF LIMITATIONS BARS CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE THREE-YEAR PERIOD.

PUBLISHED REGULATIONS OF OUR OFFICE, 4 CFR 54.6A (A), PROVIDE:

"* * * THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WILL NOT MEET THE REQUIREMENTS OF THIS STATUTE. THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

ALSO 4 CFR 54.6 (A) ENTITLED,"WHERE CLAIMS SHOULD BE FILED," WHILE GENERALLY STATING THAT THE FILING OF CLAIMS WITH THE AGENCY OUT OF THE ACTIVITIES OF WHICH THE CLAIMS AROSE WILL EXPEDITE THEIR CONSIDERATION, PERMITS THE FILING OF CLAIMS FOR TRANSPORTATION AND ACCESSORIAL CHARGES DIRECTLY WITH THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE "PARTICULARLY IF THE APPLICABLE STATUTORY PERIOD OF LIMITATION IS ABOUT TO EXPIRE.' COMPARE UNITED STATES V UTZ, 80 FED. 848; KENNEDY V UNITED STATES, 79 FED. 893, AFFIRMED 95 FED. 127.

SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AS REQUIRED BY LAW, CONSIDERATION OF THE CLAIM IS NOW BARRED BY THE PROVISIONS OF THE STATUTE. ACCORDINGLY, THE ACTION OF OUR TRANSPORTATION DIVISION IN SO ADVISING YOU MUST BE AND IS AFFIRMED.