B-154548, JUL. 28, 1964

B-154548, JUL. 28, 1964

TO MRS. MARIE E. YOTZ:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 8, 1964, AND ENCLOSURES, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, CONCERNING YOUR CLAIM FOR AN AIR CORPS RESERVE OFFICER LUMP-SUM PAYMENT BELIEVED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, LIEUTENANT COLONEL ANTON A. YOTZ, AG 232244, UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16, 1936, CH. 587, 49 STAT. 1524, AS AMENDED, 10 U.S.C. 300A (1946 ED.).

OUR RECORDS SHOW THAT IT WAS NOT UNTIL JANUARY 11, 1961, THAT THIS OFFICE FIRST WAS PLACED ON NOTICE THAT A CLAIM HAD BEEN FILED FOR THE AMOUNT IN QUESTION. ON THAT DATE THERE WAS RECEIVED IN OUR CLAIMS DIVISION A CLAIM BY THE OFFICER ADDRESSED TO THE DEPARTMENT OF THE AIR FORCE. SINCE ON JANUARY 11, 1961, A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM DECEMBER 11, 1944, THE DATE OF RELEASE OF THE OFFICER FROM ACTIVE DUTY, AND THERE WAS NOTHING OF RECORD TO SHOW THAT SUCH A CLAIM PREVIOUSLY HAD BEEN FILED IN THIS OFFICE, OUR CLAIMS DIVISION RETURNED THE CLAIM TO HIM WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH, AS CODIFIED IN 31 U.S.C. 71A, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * 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, * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * *

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

THE BASIC AUTHORITY OF THE GENERAL ACCOUNTING OFFICE TO SETTLE CLAIMS AGAINST THE UNITED STATES IS CONTAINED IN SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, WHICH PROVIDES:

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

UNDER THAT ACT AND THE ACT OF OCTOBER 9, 1940, THIS OFFICE HAD JURISDICTION TO TAKE APPROPRIATE ACTION ON YOUR CLAIM IF TIMELY FILED.

THE RIGHT TO RECEIVE THE AIR CORPS RESERVE OFFICER'S LUMP-SUM PAYMENT ACCRUED ON THE DATE OF THE OFFICER'S RELEASE FROM ACTIVE DUTY ON DECEMBER 11, 1944. WHILE IT APPEARS THAT A CLAIM WAS FILED WITH ANOTHER AGENCY OF THE GOVERNMENT PRIOR TO THE EXPIRATION OF THE 10 YEAR PERIOD OF LIMITATION PRESCRIBED IN THE 1940 ACT, THAT FACT IS WITHOUT SIGNIFICANCE SINCE SUCH ACTION WAS NOT IN COMPLIANCE WITH THE SPECIFIC PROVISIONS OF THE 1940 LAW WHICH REQUIRE THAT CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE "WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED" IN ORDER TO BE GIVEN CONSIDERATION. SEE 32 COMP. GEN. 267.

CONCERNING YOUR INQUIRY AS TO WHY THIS CLAIM WAS NOT FORWARDED TO THIS OFFICE FOR PAYMENT WITHIN THE LIMITATION PERIOD, YOU ARE ADVISED THAT THE RECORD CONTAINS NO INFORMATION AS TO THIS MATTER. IT IS NOTED, HOWEVER, THAT ON FEBRUARY 2, 1945, THE DEPARTMENT OF THE ARMY ADVISED YOUR HUSBAND THAT HIS CLAIM WAS HELD IN ABEYANCE. IT APPEARS THAT THEREAFTER HE WAITED FOR MORE THAN 15 YEARS BEFORE PRESSING HIS CLAIM FURTHER. WE TRUST THAT YOU WILL UNDERSTAND THAT IN THE CIRCUMSTANCES DISCLOSED WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM.