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B-206845 1 (1982-05-25)

handle is hein.gao/gaobadkid0001 and id is 1 raw text is: 


CaEtAq4:31hN


T!f l COMPVROLLEfl 0aNERAt.
CIP. THE LINITD I   BTATIVB
WABHINt'?TQN, 090, 00 516


FILE= B-206845


MATTER


DAT3:


OF: Mme, lo Ngan -
     Barring Act


Hay 25, 1982


Claim for compensation-..


13IGEST:


gr Act- .bf October 9, 1940, 54 Stat, i061,
as o p,-,.jd by section 801 of Pub. No,
93761,   68 Stat, 1965, January 2, 1975,
co('tfied at 31 U@S,C, § 71a providQn that
e\ry claim or demand against thed United
States cogniable by the General Aiccounting
Office must be received in that Offioce with-
in 6 years from the date it accrued or be
forever barred,   Under that provision of law,
as a condition precedent to a claimant's
right to have his claim considered by the
General Acccunting Office, his claim must
have been received in this Office within
the 6-year period.   Accordingly, contro-
vernial claim for compensation for use of
rental property accruilg between 1965 and
1971, which was filed in the General A%-
counting Office in 1981, is barred by the
above-cited Act and may not be considered
by this Office,


     The Office of the Chief of Engineers, Department of
the Army, submits the claim of MIme. 1H ogan for $l,45l,518
for certain rental entitlements and $185,450 for misap-
propriated furniture which Mme. H Ngan claims are out-
standing and due her in connection with occupation by United
States Government personnel of a hotel located at 107-A
Dong-Khanh Boulevard, Cholon, Vietnam from aanuary I, 1965,
to June 15, 1971. The claim was received in this Office on
November 27, 1981.

     As the administrative record of this action amply at-
tests, the substance of Mme. 11H Ngan's claim is far from
settled. There are issues involving disputed ownership
of the hotel, as well as controversial accountings and
conclusory allegations which ore unsubstantiated by
evidentiary documentation or analysis. However, we do
not reach the met-its of this claim as our consideration
is precluded by operation of law.


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