B-142562, APR. 19, 1960
Highlights
LOLA CURSINGER: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 26. YOUR CLAIM WAS INITIALLY TRANSMITTED TO US BY THE DEPARTMENT OF THE ARMY AND WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN 1959. A COPY OF WHICH WAS SENT YOU AND WHICH PROVIDES. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'. YOU AGAIN WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. THAT EVEN IF YOUR CLAIM WAS NOT BARRED BY THE ACT OF OCTOBER 9. SHOWS THAT THERE WAS NO AMOUNT DEDUCTED FROM HIS PAY FOR AN ALLOTMENT TO YOU. ANY RIGHTS YOU MAY HAVE HAD INCIDENT TO YOUR LATE HUSBAND'S MILITARY SERVICE BECAME BARRED WHEN THE ACT OF OCTOBER 9.
B-142562, APR. 19, 1960
TO MRS. LOLA CURSINGER:
REFERENCE IS MADE TO YOUR LETTER DATED MARCH 26, 1960, IN EFFECT REQUESTING FURTHER CONSIDERATION OF THE ACTION TAKEN BY OUR OFFICE IN BARRING YOUR CLAIM FOR ALLOTMENT PAYMENTS BELIEVED DUE YOU INCIDENT TO THE SERVICE OF YOUR LATE HUSBAND, HOBERT CROUCH, SERVICE NO. 1569342, IN THE UNITED STATES ARMY FROM JUNE 16, 1917, TO APRIL 9, 1919, DATE OF DISCHARGE.
YOUR CLAIM WAS INITIALLY TRANSMITTED TO US BY THE DEPARTMENT OF THE ARMY AND WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN 1959. ON APRIL 7, 1959, THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT YOUR CLAIM (WHICH YOU THEN INDICATED AROSE OUT OF MILITARY SERVICE PERFORMED BY YOUR LATE HUSBAND AROUND 1925) COULD NOT BE CONSIDERED BECAUSE OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH WAS SENT YOU AND WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:
"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'
BY LETTERS DATED JANUARY 26, 1960, AND MARCH 17, 1960, YOU AGAIN WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. IT MAY BE STATED, HOWEVER, THAT EVEN IF YOUR CLAIM WAS NOT BARRED BY THE ACT OF OCTOBER 9, 1940, NO AMOUNT COULD BE ALLOWED YOU SINCE AN EXAMINATION OF YOUR HUSBAND'S PAY RECORD FOR THE PERIOD JUNE 16, 1917, TO APRIL 9, 1919, SHOWS THAT THERE WAS NO AMOUNT DEDUCTED FROM HIS PAY FOR AN ALLOTMENT TO YOU.
IN YOUR PRESENT LETTER YOU REPEAT YOUR CLAIM AND GENERALLY CONTEND THAT YOU FILED CLAIM WITH THE DEPARTMENT OF THE ARMY AROUND 1930. SUCH A CLAIM, HOWEVER, WOULD NOT SATISFY THE REQUIREMENTS OF THE ACT OF OCTOBER 9, 1940, THE LAW REQUIRING THAT THE CLAIM BE FILED IN THE GENERAL ACCOUNTING OFFICE.
ANY RIGHTS YOU MAY HAVE HAD INCIDENT TO YOUR LATE HUSBAND'S MILITARY SERVICE BECAME BARRED WHEN THE ACT OF OCTOBER 9, 1940, WAS ENACTED AND ACCORDINGLY, YOUR CLAIM MAY NOT RECEIVE FURTHER CONSIDERATION BY OUR OFFICE.