B-132141, NOV. 14, 1957

B-132141: Nov 14, 1957

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WHICH DENIED YOUR CLAIM FOR COMPENSATION FOR SERVICES AND SUPPLIES ALLEGED TO HAVE BEEN FURNISHED AMERICAN ARMED FORCES. AS YOU WERE INFORMED ON THE THREE PREVIOUS OCCASIONS WHEN YOUR CLAIM WAS BEFORE OUR OFFICE FOR SETTLEMENT. " AND WE HAVE EXPLAINED TO YOU THAT WE HAVE NO POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT. MUST BE AND IS.

B-132141, NOV. 14, 1957

TO MR. FRANCISCO CANLAS:

YOUR LETTER DATED OCTOBER 28, 1957, REQUESTS RECONSIDERATION OF OUR DECISION OF SEPTEMBER 18, 1957, WHICH DENIED YOUR CLAIM FOR COMPENSATION FOR SERVICES AND SUPPLIES ALLEGED TO HAVE BEEN FURNISHED AMERICAN ARMED FORCES, DURING THE PERIOD 1901 TO 1902, BY YOUR FATHER, DOMINGO CANLAS, DECEASED.

AS YOU WERE INFORMED ON THE THREE PREVIOUS OCCASIONS WHEN YOUR CLAIM WAS BEFORE OUR OFFICE FOR SETTLEMENT, THE ACT OF OCTOBER 9, 1940, PROVIDES, WITH EXCEPTIONS NOT HERE RELEVANT, THAT "EVERY" CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' IN YOUR LETTER OF OCTOBER 28, YOU STATED,"I DO ADMIT MY FAILURE TO FILE MY CLAIMS, AS LEGAL SON AND HEIR OF MY LATE FATHER, WITHIN THE REGLAMENTARY (SIC) PERIOD AS REQUIRED BY LAW," AND WE HAVE EXPLAINED TO YOU THAT WE HAVE NO POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT.

CONSEQUENTLY, OUR DECISION DISALLOWING YOUR CLAIM, MUST BE AND IS, AFFIRMED. FURTHER CORRESPONDENCE FROM YOU REGARDING THIS CLAIM WOULD SERVE NO USEFUL PURPOSE.