B-150832, SEP. 18, 1963
Highlights
WE HAVE HERETOFORE ADVISED YOU IN DETAIL THE REASONS FOR DISALLOWING YOUR CLAIM AND NO USEFUL PURPOSE WOULD BE SERVED BY REPEATING THEM HERE. THERE IS NO BASIS UPON WHICH OUR OFFICE PROPERLY MAY MODIFY THE CONCLUSION REACHED THEREIN. CONCERNING YOUR CONTENTION THAT 28 U.S.C. 2801 "DOES NOT APPLY BECAUSE THE SAID CLAIM WAS FILED BEFORE THE LAPSE OF THE SIX YEAR PERIOD. " YOU ARE ADVISED THAT SUCH 6-YEAR PERIOD REFERS TO THE FILING OF A CLAIM IN THE UNITED STATES COURT OF CLAIMS WHICH IS SEPARATE AND APART FROM OUR OFFICE. THE FACT THAT YOU MAY HAVE FILED A CLAIM HERE WOULD NOT BE MATERIAL IN THE EVENT YOU DECIDED TO BRING AN ACTION IN THE UNITED STATES COURT OF CLAIMS TO RECOVER THE AMOUNT IN QUESTION.
B-150832, SEP. 18, 1963
TO MR. SILVINO L. SAMPAYAN:
YOUR LETTER OF SEPTEMBER 1, 1963, REQUESTS ANOTHER REVIEW OF OUR OFFICE SETTLEMENT OF NOVEMBER 16, 1962, WHICH DISALLOWED YOUR CLAIM FOR A REFUND OF DEDUCTIONS FOR SUBSISTENCE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENTS OF THE ARMY AND AIR FORCE. THE DISALLOWANCE OF YOUR CLAIM HAS BEEN SUSTAINED BY TWO SUBSEQUENT DECISIONS RENDERED AT YOUR REQUEST FOR REVIEW.
WE HAVE HERETOFORE ADVISED YOU IN DETAIL THE REASONS FOR DISALLOWING YOUR CLAIM AND NO USEFUL PURPOSE WOULD BE SERVED BY REPEATING THEM HERE. YOUR LETTER DOES NOT BRING TO THE RECORD ANY INFORMATION NOT CONSIDERED IN OUR PRECEDING DECISIONS AND, THEREFORE, THERE IS NO BASIS UPON WHICH OUR OFFICE PROPERLY MAY MODIFY THE CONCLUSION REACHED THEREIN.
CONCERNING YOUR CONTENTION THAT 28 U.S.C. 2801 "DOES NOT APPLY BECAUSE THE SAID CLAIM WAS FILED BEFORE THE LAPSE OF THE SIX YEAR PERIOD," YOU ARE ADVISED THAT SUCH 6-YEAR PERIOD REFERS TO THE FILING OF A CLAIM IN THE UNITED STATES COURT OF CLAIMS WHICH IS SEPARATE AND APART FROM OUR OFFICE. THEREFORE, THE FACT THAT YOU MAY HAVE FILED A CLAIM HERE WOULD NOT BE MATERIAL IN THE EVENT YOU DECIDED TO BRING AN ACTION IN THE UNITED STATES COURT OF CLAIMS TO RECOVER THE AMOUNT IN QUESTION.