B-152907, JAN. 28, 1964
Highlights
CONCERNING YOUR CLAIM FOR ADDITIONAL PAY WHICH YOU BELIEVE IS DUE YOU FOR PERIODS PRIOR TO OCTOBER 5. WHILE YOU WERE SERVING IN THE ARMY. YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. IS RESTRICTED. SINCE SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL APRIL 29. THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9. IT WAS RETURNED TO YOU WITH A COPY OF THE ACT. WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM. YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.
B-152907, JAN. 28, 1964
TO MR. JOSE D. CARLO:
THERE HAS BEEN REFERRED TO US FOR REPLY YOUR LETTER OF OCTOBER 26, 1963, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, TOGETHER WITH THE ACCOMPANYING ENCLOSURES, CONCERNING YOUR CLAIM FOR ADDITIONAL PAY WHICH YOU BELIEVE IS DUE YOU FOR PERIODS PRIOR TO OCTOBER 5, 1942, WHILE YOU WERE SERVING IN THE ARMY.
YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES, GENERALLY, THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. THE ACT OF JUNE 10, 1921, IS RESTRICTED, HOWEVER, BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH PROVIDES, WITH EXCEPTIONS NOT HERE MATERIAL, THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE AS THERE SPECIFIED, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.
SINCE YOUR CLAIM FOR ADDITIONAL PAY FOR THE PERIODS INVOLVED ACCRUED NOT LATER THAN OCTOBER 5, 1942, AND SINCE SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL APRIL 29, 1963, OR MORE THAN 10 FULL YEARS AFTER OCTOBER 5, 1942, THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, AND, IN ACCORDANCE WITH THE PROCEDURE PROVIDED IN SECTION 2 OF THAT ACT, IT WAS RETURNED TO YOU WITH A COPY OF THE ACT. SUBSEQUENTLY, IN LETTER OF JUNE 7, 1963, OUR CLAIMS DIVISION FULLY EXPLAINED TO YOU WHY, UNDER THE PROVISIONS OF THE 1940 ACT, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM.
YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IN VIEW OF SUCH SPECIFIC STATUTORY PROVISIONS, WE MAY MAKE NO EXCEPTIONS THERETO AND WE MAY GRANT NO EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED. YOUR ATTENTION IS ALSO INVITED TO THE FACT THAT, ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY, THEREFORE, IS NOT THE FILING OF A CLAIM WITH OUR OFFICE WITHIN THE INTENT AND MEANING OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.
IN VIEW OF THE PLAIN PROVISIONS OF THAT ACT, AND OF THE INFORMATION FURNISHED IN THIS LETTER, WE FEEL SURE THAT YOU WILL UNDERSTAND WHY NO CONSIDERATION MAY BE GIVEN YOUR CLAIM BY OUR OFFICE. WE ARE RETURNING THE ENCLOSURES RECEIVED WITH YOUR LETTER OF OCTOBER 26, 1963.