B-154364, JUN. 11, 1964

B-154364, JUN. 11, 1964

TO MR. JUSTO P. PULIDO:

REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1964, CONCERNING YOUR CLAIM FOR WAGES ALLEGED TO BE DUE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, FOR THE PERIOD JANUARY 1 TO JUNE 11, 1945.

YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON JUNE 7, 1962, AND WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, PUB.L. 820, 54 STAT. 1061. THAT LAW BARS CONSIDERATION OF CLAIMS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER ACCRUAL.

BY OUR CLAIMS DIVISION SETTLEMENT OF JANUARY 18, 1963, TO YOU, IT WAS EXPLAINED IN DETAIL THAT YOUR CLAIM FOR WAGES ALLEGED TO BE DUE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY WAS BARRED FOR CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, AS AMENDED. INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED SINCE YOUR CLAIM FIRST ACCRUED AND THE DATE IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE, CONSIDERATION OF YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE CITED ACT. WE HAVE NO AUTHORITY TO MAKE EXCEPTIONS TO SUCH ACT REGARDLESS OF THE FACT THAT YOU MIGHT HAVE FILED YOUR CLAIM WITH ANOTHER AGENCY OF THE UNITED STATES GOVERNMENT WITHIN THE 10-YEAR PERIOD OR BECAUSE YOU WERE NOT AWARE OF THE REQUIREMENT OF SUCH STATUTE.

ACCORDINGLY, THE PRIOR ACTION TAKEN IN DISALLOWING YOUR CLAIM IS SUSTAINED.