B-154872, FEB. 10, 1965

B-154872, FEB. 10, 1965

TO MRS. LORETTA BUCHANAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 16, 1964, AGAIN REQUESTING PAYMENT OF FAMILY ALLOWANCE BENEFITS FOR THE PERIOD 1942 TO 1945 WHICH YOU STATE WERE AUTHORIZED ON ACCOUNT OF THE SERVICE OF YOUR SON, BURDETTE W. BUCHANAN, IN THE UNITED STATES ARMY, BUT NOT RECEIVED BY YOU.

IT APPEARS TO BE YOUR BELIEF THAT, SINCE YOUR SON IS NOW RECEIVING DISABILITY COMPENSATION OR PENSION PAYMENTS FROM THE VETERANS ADMINISTRATION, THE GOVERNMENT MUST HAVE AVAILABLE THE RECORDS NECESSARY TO ESTABLISH YOUR CURRENT ENTITLEMENT TO FAMILY ALLOWANCE PAYMENTS DURING THE PERIOD OF YOUR CLAIM. IN THIS CONNECTION YOU ARE ADVISED THAT ENTITLEMENT TO VETERANS ADMINISTRATION BENEFITS IS NOT BASED ON THE RECORDS OF PAY RECEIVED BY A MILITARY MEMBER WHILE SERVING ON ACTIVE DUTY OR ON THE RECORDS OF ALLOTMENTS OR FAMILY ALLOWANCE PAID TO HIS DEPENDENTS. ENTITLEMENT TO VETERANS ADMINISTRATION BENEFITS IS BASED ON DIFFERENT RECORDS, SUCH AS THE MEDICAL RECORDS SHOWING THE VETERAN'S PHYSICAL CONDITION AT THE TIME OF DISCHARGE FROM MILITARY SERVICE AND DURING SUBSEQUENT PERIODS.

AS YOU WERE ADVISED IN OUR LETTER OF OCTOBER 14, 1964, YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL JUNE 29, 1964, APPROXIMATELY 19 YEARS AFTER YOUR SON WAS DISCHARGED FROM THE ARMY. SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION OF CLAIMS WHICH ARE NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED, THE FACT THAT YOUR SON'S MILITARY PAY RECORDS HAVE BEEN DESTROYED IS IMMATERIAL. THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS.

IF YOU HAD FILED CLAIM WITHIN A REASONABLE TIME AFTER YOU FAILED TO RECEIVE THE CHECKS WHICH YOU BELIEVED WERE DUE YOU, CONSIDERATION WOULD HAVE BEEN GIVEN SUCH CLAIM AND IF INVESTIGATION HAD ESTABLISHED THAT YOU WERE ENTITLED TO THE AMOUNT CLAIMED, YOU WOULD HAVE BEEN PAID. BECAUSE OF YOUR LONG DELAY IN FILING CLAIM, HOWEVER, WE ARE PRECLUDED BY THE TERMS OF THE 1940 ACT, WHICH WAS QUOTED IN PART IN OUR LETTER TO YOU OF OCTOBER 14, 1964, FROM NOW CONSIDERING THAT CLAIM. NO DIFFERENT ACTION COULD BE TAKEN EVEN IF EXISTING RECORDS DISCLOSED AN UNDERPAYMENT OF FAMILY ALLOWANCE TO YOU DURING THE PERIOD OF YOUR CLAIM.