B-131143, MAY 23, 1957

B-131143, MAY 23, 1957

TO MRS. MIRIAM B. HARPER:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 20 AND MAY 9, 1957, CONCERNING YOUR CLAIM FOR BENEFITS ALLEGED TO BE DUE YOU BECAUSE OF THE DEATH OF YOUR FATHER, ALLEN BACKHAM, WHO IS REPORTED TO HAVE DROWNED IN THE TOMBIGBEE RIVER IN 1909.

YOUR CLAIM WAS FIRST RECEIVED HERE ON JULY 8, 1952, AND ON SEPTEMBER 2, 1952, OUR CLAIMS DIVISION FORWARDED TO YOU A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDING AS FOLLOWS:

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24) AND THE ACT OF APRIL 10, 1928 (45 STAT. 413) SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

YOU WILL SEE THAT UNDER THAT ACT A CLAIM WHICH IS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE DATE IT AROSE IS BARRED; THAT IS, MAY NOT BE CONSIDERED OR PAID. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMIT FIXED IN THE LAW AND THE ACTION TAKEN BY THE CLAIMS DIVISION IN DENYING CONSIDERATION OF YOUR CLAIM WAS CORRECT. WE KNOW OF NO BASIS ON WHICH YOUR CLAIM MAY RECEIVE FAVORABLE CONSIDERATION.