B-144770, JUL. 24, 1962
Highlights
NICOLAS JIMENEA: REFERENCE IS MADE TO YOUR LETTER OF JUNE 12. YOUR CLAIM IS BARRED UNDER THE ACT OF OCTOBER 9. BECAUSE IT WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. THAT ACT IS MORE THAN A MERE STATUTE OF LIMITATIONS. IT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED HERE. THERE IS NO PROVISION UNDER WHICH WE ARE AUTHORIZED TO MAKE EXCEPTIONS TO THE OPERATION OF THE ACT.
B-144770, JUL. 24, 1962
TO MR. NICOLAS JIMENEA:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1962, REQUESTING FURTHER RECONSIDERATION OF YOUR CLAIM AS REPRESENTATIVE OF THE HEIRS OF YOUR MOTHER, PLACIDA ALCAMPOR DE JIMENEA, DECEASED BENEFICIARY OF ALBERTO JIMENEA, YOUR BROTHER, WHO DIED ON FEBRUARY 19, 1942, WHILE SERVING AS A CREW MEMBER ABOARD THE M/V DON ISIDRO.
AS WE EXPLAINED IN OUR LETTER OF FEBRUARY 28, 1961, TO YOU, YOUR CLAIM IS BARRED UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BECAUSE IT WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. THAT ACT IS MORE THAN A MERE STATUTE OF LIMITATIONS; IT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED HERE; AND THERE IS NO PROVISION UNDER WHICH WE ARE AUTHORIZED TO MAKE EXCEPTIONS TO THE OPERATION OF THE ACT.