B-149301, AUG. 8, 1963

B-149301, AUG. 8, 1963

TO MR. MARIANO ZAMORA:

YOUR LETTER OF JUNE 4, 1963, REQUESTS THAT WE RECONSIDER OUR DECISION OF MARCH 15, 1963, B-149301, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR REFUND OF DEDUCTION FOR SUBSISTENCE AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY DURING THE PERIOD OF YOUR EMPLOYMENT AT GUAM, MARIANAS ISLANDS.

YOU HAVE PRESENTED NO ADDITIONAL FACTS IN YOUR LETTER OF JUNE 4, 1963, OTHER THAN THOSE WHICH WE HAVE HERETOFORE THOROUGHLY CONSIDERED IN OUR SETTLEMENT OF JANUARY 29, 1962, AS WELL AS IN OUR LETTER SIGNED BY THE DIRECTOR, CLAIMS DIVISION AND OUR DECISION OF MARCH 15, 1963, B 149301, TO YOU.

ON THE BASIS OF THE RECORD BEFORE US, WE KNOW OF NO PROPER BASIS FOR ALLOWANCE OF A REFUND OF THE SUBSISTENCE DEDUCTIONS YOU ALLEGE WERE MADE FROM YOUR SALARY, AND THE DISALLOWANCE OF YOUR CLAIM, MUST BE, AND IS, SUSTAINED.

IN RESPONSE TO YOUR QUESTION AS TO WHERE YOU MAY HAVE YOUR CASE REVIEWED YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, YOUR ATTENTION IS CALLED TO THE PROVISIONS OF 28 U.S.C. 1491; ID. 2502 CONCERNING MATTERS COGNIZABLE IN THE UNITED STATES COURT OF CLAIMS. IT MAY BE POINTED OUT THAT AN ACTION IN THE COURT OF CLAIMS AGAINST THE UNITED STATES SHALL BE BARRED UNLESS THE COMPLAINT IS FILED WITHIN SIX YEARS AFTER A ..END :