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B-140979, JAN. 11, 1960

B-140979 Jan 11, 1960
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CASTILLO: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 9. WE WERE PROHIBITED FROM GIVING FURTHER CONSIDERATION TO YOUR CLAIM. YOU ARE ADVISED THAT THAT DEPARTMENT NO LONGER HAS JURISDICTION OVER YOUR CLAIM. THAT THE MATTER IS SOLELY FOR CONSIDERATION BY OUR OFFICE. PROVIDING THAT ALL CLAIMS AND DEMANDS WHATEVER AGAINST THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. WAS NOT INTENDED TO REVIVE CLAIMS BARRED BY STATUTORY AND REGULATORY TIME LIMITATIONS. AS WAS STATED IN 14 COMP. GEN. 324: "WHEN A TIME LIMIT ON FILING CLAIMS IS FIXED BY LAW OR BY A REGULATION PROPER FOR PROMULGATION IN THE ADMINISTRATION OF A LAW.

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B-140979, JAN. 11, 1960

TO MR. CRISTOBAL G. CASTILLO:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 9, 1959, FURTHER CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR DISCHARGE ON DECEMBER 13, 1948, AS AN ENLISTED MAN OF THE PHILIPPINE SCOUTS.

BY DECISION OF OCTOBER 29, 1959, B-140979, TO YOU, WE ADVISED YOU OF THE REASONS WHY, IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WE WERE PROHIBITED FROM GIVING FURTHER CONSIDERATION TO YOUR CLAIM. IN YOUR PRESENT COMMUNICATION YOU REQUEST YOUR CLAIM BE REFERRED TO THE WAR DEPARTMENT OR THE CONGRESS OF THE UNITED STATES FOR CONSIDERATION.

RESPECTING THE REFERRAL OF YOUR CLAIM TO THE WAR DEPARTMENT (NOW THE DEPARTMENT OF THE ARMY), YOU ARE ADVISED THAT THAT DEPARTMENT NO LONGER HAS JURISDICTION OVER YOUR CLAIM, BUT THAT THE MATTER IS SOLELY FOR CONSIDERATION BY OUR OFFICE, SECTION 236, REVISED STATUTES OF THE UNITED STATES, AS AMENDED BY SECTION 305 OF THE ACT OF JUNE 10, 1921, 42 STAT. 24, 31 U.S.C. 71, PROVIDING THAT ALL CLAIMS AND DEMANDS WHATEVER AGAINST THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.

WITH RESPECT TO YOUR REQUEST THAT YOUR CLAIM BE REFERRED TO THE CONGRESS OF THE UNITED STATES, THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236, AUTHORIZES THE COMPTROLLER GENERAL OF THE UNITED STATES TO REPORT TO THE CONGRESS WITH HIS RECOMMENDATIONS THEREON CLAIMS WHICH, IN HIS JUDGMENT, CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF CONSIDERATION OF THE CONGRESS. HOWEVER, IT HAS LONG BEEN HELD THAT THE ACT OF APRIL 10, 1928, WAS NOT INTENDED TO REVIVE CLAIMS BARRED BY STATUTORY AND REGULATORY TIME LIMITATIONS. AS WAS STATED IN 14 COMP. GEN. 324:

"WHEN A TIME LIMIT ON FILING CLAIMS IS FIXED BY LAW OR BY A REGULATION PROPER FOR PROMULGATION IN THE ADMINISTRATION OF A LAW, IT IS TO BE ASSUMED, AS TO THE FIRST, THAT THE CONGRESS HAD REASON FOR ITS ACTION AND EXPECTS OBSERVANCE THEREOF, AND, AS TO THE SECOND, THAT IT HAS OPERATED UPON SIMILAR CLAIMS AND IT WOULD BE UNFAIR TO MAKE EXCEPTIONS--- AND ESPECIALLY, RETROACTIVELY EFFECTIVE. THE ACT OF APRIL 10, 1928, SUPRA, WAS NOT INTENDED FOR EMPLOYMENT AS A MEANS TO REVIVE CLAIMS BARRED BY STATUTORY OR REGULATORY LIMITATIONS.'

IN VIEW OF THE FOREGOING AND THE EXPRESS PROVISIONS OF THE ACT OF OCTOBER 9, 1940, FURTHER CONSIDERATION BY US OF YOUR CLAIM IS NOT AUTHORIZED.

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