B-144549, DEC. 8, 1960

B-144549, DEC. 8, 1960

TO MR. WILLIAM C. MASSEY:

THIS REFERS TO YOUR LETTER OF NOVEMBER 12, 1960, REGISTERED NO. 267, IN EFFECT REQUESTING RECONSIDERATION OF THE ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM FOR OVERTIME COMPENSATION ALLEGED TO HAVE BEEN WORKED FROM JULY 1, 1945, THROUGH JUNE 30, 1948, AS AN EMPLOYEE OF THE CUSTOMS PATROL OF THE TREASURY DEPARTMENT.

IN YOUR LETTER YOU REFER TO A COURT CASE AS AUTHORITY TO COMPENSATE YOU FOR OVERTIME ALLEGEDLY WORKED. YOU APPARENTLY REFER TO THE CASE OF ARNVID ANDERSON, ET AL. V. THE UNITED STATES, 136 CT.CL. 365, DECIDED JULY 12, 1956, CONCERNING SOME 42 CUSTOMS PATROL INSPECTORS WHO THE COURT SAID WERE ADMINISTRATIVELY "INDUCED" TO PERFORM "VOLUNTARY OVERTIME" SERVICE WITHOUT EXTRA COMPENSATION.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 2, 1958, AND WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, PUBLIC LAW 820, 54 STAT. 1061. THAT ACT PROVIDES THAT ANY CLAIM OR DEMAND (WITH EXCEPTIONS NOT INVOLVED HERE) 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.' THE ACTION IN RETURNING YOUR CLAIM ACCOMPANIED BY A COPY OF THE ACT OF OCTOBER 9, 1940, CONSTITUTES THE COMPLETE RESPONSE WHICH OUR OFFICE IS REQUIRED TO MAKE RESPECTING YOUR CLAIM.

OUR OFFICE ACTION IN RETURNING YOUR CLAIM WITH A COPY OF THE ACT OF OCTOBER 9, 1940, WAS ..END :