B-136422, JUL. 30, 1958

B-136422, JUL. 30, 1958

TO MR. CLAYTON T. WELLS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 3, 1958, ADDRESSED TO THE BUREAU OF PERSONNEL, WASHINGTON, D.C., WHICH WAS FORWARDED HERE BY THE DEPARTMENT OF THE NAVY FOR DIRECT REPLY. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED JANUARY 30, 1958, WHICH DENIED THE PORTION OF YOUR CLAIM FOR RETIRED PAY FOR THE PERIOD PRIOR TO NOVEMBER 15, 1947, WHICH WAS BARRED PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

THE RECORD SHOWS THAT THE STATUTORY AUTHORITY UPON WHICH YOUR CLAIM WAS BASED IN PUBLIC LAW NO. 720, 79TH CONGRESS, 50 STAT. 593, APPROVED AUGUST 10, 1946. YOUR RIGHT TO RECOMPUTATION OF RETIRED PAY, FOR THE PERIOD PRIOR TO AUGUST 10, 1946, ACCRUED ON THAT DATE AND FOR THE PERIOD SUBSEQUENT TO AUGUST 10, 1946, THAT RIGHT ACCRUED ON A DAY TO DAY BASIS THEREAFTER.

THE RECORD SHOWS FURTHER THAT YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL NOVEMBER 15, 1957.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, PROVIDES THAT:

"/1) 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 SECTIONS 71 AND 236 OF THIS TITLE 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: * * *.'

THE ACT REQUIRES THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER THE STATUTES CITED THEREIN SHALL BE BARRED UNLESS THEY ARE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE PERIOD OF TIME SPECIFIED. 112567, DECEMBER 3, 1952, 32 COMP. GEN. 267, B 120452, JULY 20, 1954. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL NOVEMBER 15, 1957. THEREFORE, THE ACT MAKES IT MANDATORY TO DENY THAT PORTION OF THE CLAIM WHICH AROSE PRIOR TO NOVEMBER 15, 1947 (JANUARY 1, 1946, TO NOVEMBER 14, 1947). THE FILING OF YOUR CLAIM WITH THE DEPARTMENT OF THE NAVY AND THE CONSIDERATION THEREOF BY THAT OFFICE DOES NOT SATISFY THE REQUIREMENT OF THE STATUTE AS TO THAT PART WHICH IS OVER TEN YEARS OLD.

IT IS WELL SETTLED THAT ALL PERSONS ARE CHARGEABLE WITH NOTICE OF THE PUBLIC LAWS, AND THAT THE ENACTMENT OF SUCH A LAW CONSTITUTES LEGAL PUBLIC NOTICE OF ITS CONTENTS UNLESS IT CONTAINS A SPECIFIC PROVISION REQUIRING NOTICE TO AN INDIVIDUAL. YOUR RIGHT TO THE AMOUNT CLAIMED WAS NOT DEPENDENT UPON NOTICE TO YOU BY THE GOVERNMENT AND, ACCORDINGLY, THE SETTLEMENT OF JANUARY 30, 1958, IS SUSTAINED.