B-131941, SEP. 6, 1957

B-131941, SEP. 6, 1957

TO MR. SALVADOR FLORES:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PAY ALLEGED TO BE DUE YOU FOR SERVICES RENDERED AS AN ENLISTED MEMBER OF THE UNITED STATES NAVY, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION TO YOU DATED JUNE 17,1957, B- 131941.

IN THE DECISION OF JUNE 17, 1957, YOU WERE ADVISED THAT YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION FIXED IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND, FURTHER, THAT ON THE MERITS THERE APPEARED TO BE NO BASIS FOR THE ALLOWANCE OF THE CLAIM EVEN IF IT HAD BEEN TIMELY PRESENTED. YOU STATE THAT YOU WERE UNAWARE OF THE STATUTORY LIMITATION ON THE FILING OF CLAIMS IN OUR OFFICE AND YOU APPEAR TO REGARD THAT CIRCUMSTANCE, IN ADDITION TO YOUR BELIEF THAT YOUR SERVICES WERE HONEST AND FAITHFUL, ESTABLISHING A SUFFICIENT BASIS TO WARRANT FAVORABLE CONSIDERATION OF YOUR CLAIM.

THE MATTERS TO WHICH YOU REFER HAVE NO BEARING ON YOUR CLAIM SINCE THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, ARE MANDATORY AND ARE NOT SUBJECT TO EXCEPTION UNDER THE CIRCUMSTANCES HERE INVOLVED. SINCE YOUR CLAIM WAS NOT FILED WITHIN THE PERIOD FIXED IN THAT ACT, WE ARE WITHOUT AUTHORITY TO CONSIDER THE MATTER.