B-148774, JUL. 24, 1962

B-148774: Jul 24, 1962

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ABBOTT: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JUNE 8. IT WAS STATED IN OUR DECISION OF MAY 11. THAT YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 5. THE CLAIMS DIVISION ADVISED YOU THAT YOUR CLAIM WAS PRECLUDED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS SENT TO YOU. THE CLAIMS DIVISION AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE. YOU NOW CONTEND THAT THERE IS NO AGE LIMIT ON A DEBT AND THE DEBT IS DUE REGARDLESS OF THE LENGTH OF TIME IT HAS EXISTED. WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING OVER OLD RECORDS IN ORDER TO SETTLE STALE CLAIMS.

B-148774, JUL. 24, 1962

TO MR. JOHN L. ABBOTT:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JUNE 8, 1962, REQUESTING REVIEW OF OUR DECISION TO YOU DATED MAY 11, 1962, B-148774, WHICH SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION, PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BARRING YOUR CLAIM FOR TRAVEL ALLOWANCE FROM YAKIMA, WASHINGTON, TO CAMP WHITE, OREGON, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD AUGUST 1942 UNTIL DISCHARGED IN MARCH 1943.

IT WAS STATED IN OUR DECISION OF MAY 11, 1962, THAT YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 5, 1962, AND ON MARCH 26, 1962, THE CLAIMS DIVISION ADVISED YOU THAT YOUR CLAIM WAS PRECLUDED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, A COPY OF WHICH WAS SENT TO YOU. BY LETTER OF APRIL 9, 1962, THE CLAIMS DIVISION AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE. YOU NOW CONTEND THAT THERE IS NO AGE LIMIT ON A DEBT AND THE DEBT IS DUE REGARDLESS OF THE LENGTH OF TIME IT HAS EXISTED.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING OVER OLD RECORDS IN ORDER TO SETTLE STALE CLAIMS. SEE 25 COMP. GEN. 670; 32 COMP. GEN. 107 AND 267. YOU WILL OBSERVE THAT THE LANGUAGE IN SECTION 1 OF THE ACT, WHICH WAS QUOTED IN OUR DECISION OF MAY 11, 1962, IS CLEAR AND UNEQUIVOCAL. IT STATES THAT EVERY" CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE BY VIRTUE OF CERTAIN PROVISIONS OF LAW SHALL BE BARRED FROM CONSIDERATION UNLESS SUCH CLAIM IS RECEIVED IN THAT OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. WE HAVE BEEN GRANTED NO DISCRETIONARY POWERS UNDER THE ACT OF OCTOBER 9, 1940, AND CONSEQUENTLY WE CAN MAKE NO EXCEPTION TO ITS PROVISIONS.

SINCE WHATEVER CLAIM YOU HAD ACCRUED NOT LATER THAN MARCH 1943, WHEN YOU WERE DISCHARGED, IT HAD TO BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE PRIOR TO OR IN MARCH 1953, OR BE FOREVER BARRED. THEREFORE, YOUR CLAIM HAVING BEEN RECEIVED ON MARCH 5, 1962, IS BARRED AND WE ARE WITHOUT LEGAL AUTHORITY TO TAKE ANY FURTHER ACTION IN THE MATTER.

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