BNUMBER:  B-261461
DATE:  November 27, 1995
TITLE:  [Letter]

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B-261461

November 27, 1995

Robert O. Schultz
1905 Bourland
Waterloo, IA  50702

Dear Mr. Schultz:

This is in response to the letter from you and your sister, Sister 
Angelica Schultz, regarding your claim to $28.33 (plus interest) left 
by your grandfather, Gustav H. Schultz, at Fort Sidney Military 
Barracks on July 15, 1885, where he was being held when he escaped.  
At the time, he was en route to Fort Leavenworth, Kansas, to serve 3 
years for desertion.  The correspondence has been forwarded to our 
Office by the U.S. Total Army Personnel Command since the claim is 
under our Office's jurisdiction.

Your claim cannot be considered because it is barred by 31 U.S.C.  
3702(b), commonly known as the Barring Act.  That act bars every claim 
against the United States within our jurisdiction unless the claim is 
received here within 6 years after the date the claim accrued.  The 
purpose of the 6-year Barring Act is to relieve the government of the 
need to retain, search for, and-if they can be found-interpret old 
records for the purpose of settling old claims.  The reasons why a 
claim was not submitted within 6 years of accrual and the substantive 
merits of the claim are irrelevant.  We do not have authority to 
modify or waive the provisions of the Barring Act or to make any 
exceptions to the time limitations it imposes.  William M. Tyree, 
B-260807, May 5, 1995 (copy enclosed).

Accordingly, since the claim accrued more than 100 years ago, it is 
barred and cannot be considered by our Office.

Sincerely yours,

/s/Seymour Efros
for Robert P. Murphy
General Counsel

Enclosure

B-261461

November 27, 1995

DIGEST

Claim for money left at an Army fort in 1885 when claimants' 
grandfather escaped from custody is barred by 31 U.S.C.  3702(b) 
since it was not filed with the General Accounting Office within 6 
years of the date it accrued.