B-135488, JUN. 5, 1958
Highlights
YOUR CLAIM WAS DISALLOWED BY REASON OF THE TEN-YEAR STATUTE OF LIMITATIONS CONTAINED IN THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. IT WILL BE OBSERVED THAT THE ABOVE ACT BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN YEAR PERIOD. YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL OCTOBER 1956 OR MORE THAN TEN YEARS AFTER THE EXPENSES WERE INCURRED. THE SETTLEMENT IS AGAIN SUSTAINED. YOU ARE ADVISED THAT IT IS YOUR PRIVILEGE TO REQUEST CONGRESSIONAL RELIEF BY MEANS OF A PRIVATE ACT.
B-135488, JUN. 5, 1958
TO MR. WILLIAM L. SIMMS:
WE REFER TO YOUR LETTER OF MAY 16, 1958, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRAVEL AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM NEW YORK TO BELGIUM DURING AUGUST AND SEPTEMBER 1945, AS AN EMPLOYEE OF THE DEPARTMENT OF STATE. BY OUR SETTLEMENT OF NOVEMBER 27, 1956, AFFIRMED JUNE 3, 1957, MARCH 28, 1958, AND MAY 9, 1958, YOUR CLAIM WAS DISALLOWED BY REASON OF THE TEN-YEAR STATUTE OF LIMITATIONS CONTAINED IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061 (31 U.S.C. 237).
YOU STATE IN PARAGRAPH 2 OF YOUR LETTER OF MAY 16, 1958, AS FOLLOWS:
"I DID FILE MY CLAIM WITH THE DEPARTMENT BEFORE THE EXPIRATION OF 10 YEARS. SEE LETTER NO. 13, DATED JUNE 14, 1956, FROM STATE DEPT. TO ME, WHICH I SENT TO G.A.O. IN THE FILE AND MENTIONED IN MY LETTER OT MR. DENNY, DATED FEBRUARY 26, 1958.'
THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES AS FOLLOWS:
"THAT 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 SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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.
IT WILL BE OBSERVED THAT THE ABOVE ACT BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN YEAR PERIOD. YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL OCTOBER 1956 OR MORE THAN TEN YEARS AFTER THE EXPENSES WERE INCURRED. THE FILING OF YOUR CLAIM WITH THE DEPARTMENT OF STATE DID NOT MEET THE REQUIREMENTS OF THE STATUTE. ACCORDINGLY, THE FOREGOING ACT MADE IT COMPULSORY THAT WE DENY YOUR CLAIM. UPON REVIEW, THEREFORE, THE SETTLEMENT IS AGAIN SUSTAINED.
YOU ARE ADVISED THAT IT IS YOUR PRIVILEGE TO REQUEST CONGRESSIONAL RELIEF BY MEANS OF A PRIVATE ACT.