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B-227583 1 (1988-04-13)

handle is hein.gao/gaobadnbp0001 and id is 1 raw text is: 0The Comptroller General of the United States Wahington, D.C. 20548 Decision Augusto A. Dumlao - Claim for Death Gratuity - Matterof- Barred by Statute of Limitations File: B-227583 Date: April 13, 1988 DIGEST Under the Act of October 9, 1940, 54 Stat. 1061, as amended, 31 U.S.C. S 3702(b) (1986), every claim or demand against the United States cognizable by the General Accounting Office must be received in that Office within 6 years from the date it accrued or be barred from consideration. Under. that provision of law, as a condition precedent to a claimant's right to have his claim considered by the General Accounting Office, his claim must have been received in this Office within the 6-year period. Accordingly, a claim for a death gratuity which arose out of a Naval Reserve member's death during World War II, which first accrued in 1945 and was filed in the General Accounting Office in 1987, is barred from consideration. DECISION Mr. Augusto A. Dumlao requests reconsideration of our Claims Group's denial of his claim for payment of an allowance believed due as a result of the death of his brother while serving on active duty as a member of the United States Naval Reserve during World War II. The denial is sustained. BACKGROUND Mr. Augusto A. Dumlao filed a claim with the Department of the Navy for a death gratuity arising out of the death of his brother, Delfin Dumlao, who died January 8, 1944, while serving on active duty as an enlisted member of the Naval Reserve. His first claim letter dated November 23, 1986, was administratively denied by the Navy on January 16, 1987, since it appeared to be barred by the statute of limita- tions. As a result of subsequent correspondence from Mr. Dumlao, the Navy referred the claim to our Claims Group. It was first received in this Office on March 16, 1987. \cL\e

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