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B-144770, JUL. 10, 1968

B-144770 Jul 10, 1968
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WAS DUE YOUR BROTHER. YOU HAVE BEEN REPEATEDLY ADVISED BY OUR OFFICE IN PREVIOUS COMMUNICATIONS THAT IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. "/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE. YOU STATE THAT YOU "DO NOT INTEND TO DISPUTE THE PROVISIONS" OF THE ABOVE -QUOTED ACT BUT THAT YOUR CLAIM WAS FILED WITH THE DEPARTMENT OF THE ARMY BEFORE THE ELAPSE OF 10 YEARS FROM THE DATE THE CLAIM ACCRUED. IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD.

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B-144770, JUL. 10, 1968

TO MR. NICOLAS JIMENEA:

YOUR LETTER OF APRIL 8, 1968, REQUESTS FURTHER RECONSIDERATION OF YOUR CLAIM FOR COMPENSATION WHICH, YOU SAY, WAS DUE YOUR BROTHER, ALBERTO JIMENEA, WHO DIED ON FEBRUARY 19, 1942, WHILE SERVING AS A CREW MEMBER ABOARD THE M/V DON ISIDRO.

YOU HAVE BEEN REPEATEDLY ADVISED BY OUR OFFICE IN PREVIOUS COMMUNICATIONS THAT IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, WE CANNOT ASSUME JURISDICTION OVER YOUR CLAIM. THE ACT PROVIDES AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

YOU STATE THAT YOU "DO NOT INTEND TO DISPUTE THE PROVISIONS" OF THE ABOVE -QUOTED ACT BUT THAT YOUR CLAIM WAS FILED WITH THE DEPARTMENT OF THE ARMY BEFORE THE ELAPSE OF 10 YEARS FROM THE DATE THE CLAIM ACCRUED.

IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. SINCE YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD, THE FOREGOING ACT MADE IT COMPULSORY TO DENY YOUR CLAIM. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT MEET THE REQUIREMENTS OF THE STATUTE.

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