B-175278, MAY 24, 1972

B-175278, MAY 24, 1972

MERITORIOUS CLAIMS ACT - CRITERIA FOR APPLICATION - "STALE" CLAIMS DENIAL OF REQUEST BY THOMAS R. HUFF FOR CONSIDERATION BY CONGRESS UNDER THE MERITORIOUS CLAIMS ACT, 31 U.S.C. 236, OF HIS CLAIM FOR COMPENSATION FOR OVERTIME PERFORMED WHILE SERVING AS A DUTY OFFICER WITH THE OFFICE OF CIVIL DEFENSE DURING THE PERIOD JULY 2, 1958, TO JUNE 5, 1960. THE MERITORIOUS CLAIMS ACT WILL ONLY BE APPLIED IN THOSE CASES WHERE, IN THE JUDGMENT OF THE COMP. GEN., THERE EXIST SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF CONGRESS. SINCE THIS CLAIM COULD HAVE BEEN SETTLED IF IT HAD BEEN FORWARDED TO GAO IN A TIMELY MANNER, THERE EXISTS NO JUSTIFICATION FOR REFERRING THIS CLAIM FOR CONGRESSIONAL CONSIDERATION.

TO MR. THOMAS R. HUFF:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 20, 1972, AND ENCLOSURES, WHICH REQUESTS THIS OFFICE TO SEEK CONGRESSIONAL ACTION IN YOUR BEHALF PURSUANT TO THE MERITORIOUS CLAIMS ACT OF 1928, NOW CODIFIED IN 31 U.S.C. 236.

YOU HAVE ALLEGED THAT DURING THE PERIOD JULY 2, 1958, THROUGH JUNE 5, 1960, YOU WORKED AN AMOUNT OF OVERTIME HOURS ENTITLING YOU TO SUCH COMPENSATION IN THE SUM OF $2,147 WHILE SERVING AS A DUTY OFFICER WITH THE OFFICE OF CIVIL DEFENSE, A PREDECESSOR AGENCY OF THE OFFICE OF EMERGENCY PREPAREDNESS.

OUR RECORDS INDICATE THAT YOU FIRST FILED A CLAIM WITH THIS OFFICE FOR OVERTIME COMPENSATION ARISING OUT OF YOUR EMPLOYMENT WITH THE GOVERNMENT ON JANUARY 26, 1972. SINCE SUCH CLAIM HAD NOT BEEN RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER IT FIRST ACCRUED, YOU WERE NOTIFIED THAT THE CLAIM WAS BARRED UNDER 31 U.S.C. 71A.

YOU HAVE NOW SOUGHT ACTION BY THIS OFFICE PURSUANT TO THE MERITORIOUS CLAIMS ACT.

THE MERITORIOUS CLAIMS ACT OF 1928 PROVIDES THAT WHEN A CLAIM IS FILED IN THIS OFFICE THAT MAY NOT BE LAWFULLY ADJUSTED BY USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM, IN OUR JUDGMENT CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF CONGRESS, IT SHALL BE SUBMITTED TO THE CONGRESS WITH OUR RECOMMENDATIONS. THE REMEDY IS AN EXTRAORDINARY ONE AND ITS USE IS LIMITED TO EXTRAORDINARY CIRCUMSTANCES.

THE CASES WE HAVE REPORTED FOR THE CONSIDERATION OF THE CONGRESS GENERALLY HAVE INVOLVED EQUITABLE CIRCUMSTANCES OF AN UNUSUAL NATURE AND WHICH ARE UNLIKELY TO CONSTITUTE A RECURRING PROBLEM SINCE TO REPORT TO THE CONGRESS A PARTICULAR CASE WHEN SIMILAR EQUITIES EXIST OR ARE LIKELY TO ARISE WITH RESPECT TO OTHER CLAIMANTS WOULD CONSTITUTE PREFERENTIAL TREATMENT OVER OTHERS IN SIMILAR CIRCUMSTANCES.

IT IS POSSIBLE THAT HAD YOUR CLAIM BEEN FORWARDED TO THIS OFFICE IN TIMELY FASHION, AN AMOUNT DUE COULD HAVE BEEN DETERMINED TO EXIST IN YOUR FAVOR FOR A PORTION OF THE OVERTIME HOURS CLAIMED. DESPITE SUCH POSSIBILITY, WE CANNOT OVERLOOK THE FACT THAT YOU NEVERTHELESS WAITED AN INORDINATE AMOUNT OF TIME BEFORE SUBMITTING THE CLAIM TO THIS OFFICE. SEE B-175278, APRIL 12, 1972, COPY ENCLOSED.

FOR THE REASONS STATED ABOVE, WE FIND NO ELEMENT OF UNUSUAL LEGAL LIABILITY OR EQUITY WHICH WOULD JUSTIFY US IN REPORTING YOUR CLAIM TO THE CONGRESS FOR ITS CONSIDERATION UNDER THE MERITORIOUS CLAIMS ACT OF 1928.

THE ENCLOSURES FORWARDED WITH YOUR LETTER ARE RETURNED.