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B-175711, DEC 14, 1972

B-175711 Dec 14, 1972
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THE CLAIM IS AGAIN DISALLOWED. ZIMMERMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 22. OF YOUR CLAIM Z- 2471542 BY OUR TRANSPORTATION AND CLAIMS DIVISION WITH RESPECT TO THE AMOUNT OF $711.36 WHICH WAS DISALLOWED ON THE GROUND OF BEING BARRED BY THE ACT OF OCTOBER 9. IMMEDIATELY AFTER THE COURT RULED THAT CERTAIN EMPLOYEES ARE ENTITLED TO PORT WATCH PAY. THAT IT WAS FORWARDED THROUGH HQDA (DAEN ECF-A). IS EXPLICIT AS TO THE OFFICE IN WHICH THE CLAIM MUST BE RECEIVED AND WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THE STATUTE. THE ACTION TAKEN BY THE TRANSPORTATION AND CLAIMS DIVISION IN DISALLOWING THAT PORTION OF YOUR CLAIM WHICH ACCRUED PRIOR TO 10 YEARS BEFORE THE CLAIM WAS RECEIVED HERE IS HEREBY SUSTAINED.

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B-175711, DEC 14, 1972

REIMBURSEMENT - IMPROPER FILING DECISION SUSTAINING THE PRIOR DISALLOWANCE OF A CLAIM BY JOHN A. ZIMMERMAN FOR $711.36 AS PORT WATCH PAY. THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH SPECIFIES THE OFFICE IN WHICH THE CLAIM MUST BE RECEIVED, PRECLUDES THE GAO FROM WAIVING OR DISREGARDING THE PROVISIONS OF THE STATUTE. ACCORDINGLY, THE CLAIM IS AGAIN DISALLOWED.

TO MR. JOHN A. ZIMMERMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 22, 1972, WHEREIN YOU APPEAL THE SETTLEMENT OF SEPTEMBER 11, 1972, OF YOUR CLAIM Z- 2471542 BY OUR TRANSPORTATION AND CLAIMS DIVISION WITH RESPECT TO THE AMOUNT OF $711.36 WHICH WAS DISALLOWED ON THE GROUND OF BEING BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

YOU NOW CLAIM THAT YOU FILED YOUR CLAIM ON SEPTEMBER 9, 1971, IMMEDIATELY AFTER THE COURT RULED THAT CERTAIN EMPLOYEES ARE ENTITLED TO PORT WATCH PAY.

THE RECORD SHOWS THAT YOU FILED YOUR CLAIM ON SEPTEMBER 9, 1971, WITH THE DEPARTMENT OF THE ARMY, NEW ORLEANS DISTRICT, CORPS OF ENGINEERS, NEW ORLEANS, LOUISIANA, AND THAT IT WAS FORWARDED THROUGH HQDA (DAEN ECF-A), WASHINGTON, D. C., BEING RECEIVED IN THIS OFFICE ON JANUARY 21, 1972.

IN THAT RESPECT WE POINT OUT THAT THE ACT OF OCTOBER 9, 1940, IS EXPLICIT AS TO THE OFFICE IN WHICH THE CLAIM MUST BE RECEIVED AND WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THE STATUTE. SEE B- 175711, OCTOBER 12, 1972, COPY ENCLOSED.

ACCORDINGLY, THE ACTION TAKEN BY THE TRANSPORTATION AND CLAIMS DIVISION IN DISALLOWING THAT PORTION OF YOUR CLAIM WHICH ACCRUED PRIOR TO 10 YEARS BEFORE THE CLAIM WAS RECEIVED HERE IS HEREBY SUSTAINED.

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