B-171866, FEB 23, 1971

B-171866: Feb 23, 1971

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WAS NOT FILED WITH GAO UNTIL DECEMBER 12. THE CLAIM IS BARRED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. GONZALO DE LA CRUZ: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO THE ARMY FINANCE CENTER. WE HAVE NO RECORD OF HAVING RECEIVED THE LETTER OF MARCH 10. WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 19. THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION. YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. A COPY OF WHICH WAS FORWARDED TO YOU. CONSIDERATION OF YOUR CLAIM BY OUR OFFICE WAS BARRED SINCE IT WAS RECEIVED HERE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED. YOU WERE ADVISED THAT THERE WAS NO RECORD OF THE RECEIPT IN OUR OFFICE OF ANY COMMUNICATION CONCERNING YOUR CLAIM PRIOR TO YOUR LETTER OF DECEMBER 12.

B-171866, FEB 23, 1971

COMPENSATION - U.S. TRANSPORT CORPS DECISION DENYING ADDITIONAL COMPENSATION TO GONZALO DE LA CRUZ INCIDENT TO HIS SERVICE AS AN ABLE SEAMAN WITH THE U.S. TRANSPORT CORPS, DUE TO THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. SINCE CLAIM ACCRUED ON JANUARY 15, 1948, AND WAS NOT FILED WITH GAO UNTIL DECEMBER 12, 1958, THE CLAIM IS BARRED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940.

TO MR. GONZALO DE LA CRUZ:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, REQUESTING INFORMATION REGARDING A CLAIM WHICH YOU SAY YOU SENT TO THAT OFFICE ON MARCH 10, 1970. BY LETTER DATED NOVEMBER 30, 1970, THE FINANCE CENTER TRANSMITTED YOUR LETTER TO OUR OFFICE FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED. WE HAVE NO RECORD OF HAVING RECEIVED THE LETTER OF MARCH 10, 1970.

YOUR CLAIM DATED DECEMBER 12, 1958, FOR ADDITIONAL COMPENSATION BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS AN ABLE SEAMAN WITH THE U.S. TRANSPORT CORPS FROM DECEMBER 26, 1945, TO JANUARY 15, 1948, WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 19, 1958. THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION, DATED DECEMBER 31, 1958, AUGUST 11, 1959, AND OCTOBER 11, 1960. IN THOSE LETTERS, YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH WAS FORWARDED TO YOU, CONSIDERATION OF YOUR CLAIM BY OUR OFFICE WAS BARRED SINCE IT WAS RECEIVED HERE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED.

WITH RESPECT TO YOUR STATEMENT THAT IN 1949 YOU AUTHORIZED AN ATTORNEY TO FILE YOUR CLAIM, YOU WERE ADVISED THAT THERE WAS NO RECORD OF THE RECEIPT IN OUR OFFICE OF ANY COMMUNICATION CONCERNING YOUR CLAIM PRIOR TO YOUR LETTER OF DECEMBER 12, 1958. YOU WERE ADVISED FURTHER THAT ANY CLAIM FILED WITH SOME OTHER DEPARTMENT OR AGENCY OF THE FEDERAL GOVERNMENT DOES NOT MEET THE STATUTORY REQUIREMENT THAT SUCH CLAIM MUST BE FILED WITH OUR OFFICE WITHIN THE PRESCRIBED LIMITATION.

UNDER THE PROVISIONS OF 31 U.S.C. 71, THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO SETTLE AND ADJUST ALL CLAIMS AGAINST THE UNITED STATES. THESE CLAIMS ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, WHICH PRECLUDES OUR OFFICE FROM TAKING ANY ACTION ON CLAIMS WHICH ARE RECEIVED MORE THAN 10 YEARS FROM THE DATE THEY FIRST ACCRUED.

SINCE YOUR CLAIM IS LEGALLY BARRED THERE IS NO ACTION WE MAY TAKE IN THE MATTER.