B-159098, SEP. 20, 1966

B-159098, SEP. 20, 1966

TO MR. JUAN M. SANTIAGO:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 8, 1966, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY ON MARCH 30, 1949. YOU WERE ADVISED IN OUR DECISION OF MAY 11, 1966, B-159098, THAT YOUR CLAIM WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A.

YOU NOW CONTEND THAT THE BARRING PROVISIONS OF THAT ACT DO NOT APPLY TO YOUR CLAIM BECAUSE YOU FILED A CLAIM ON OCTOBER 31, 1957, WITH SETTLEMENTS OPERATIONS, UNITED STATES ARMY FINANCE CENTER, REFERRING US TO REFERENCE NO. M60 FINCT-E-4. IT IS YOUR CONTENTION THAT YOUR CLAIM WAS MADE WELL WITHIN THE 10 YEAR PERIOD.

IN OUR DECISION OF MAY 11, 1966, YOU WERE ADVISED THAT, IN ORDER FOR A CLAIM TO BE RECOGNIZED AND BE CONSIDERED BY US, IT WAS NECESSARY FOR THIS OFFICE TO RECEIVE THE CLAIM WITHIN 10 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. ALSO YOU WERE ADVISED THAT THE FILING OF A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE ACT. SINCE YOUR CLAIM FIRST ACCRUED ON MARCH 30, 1949, IT WAS NECESSARY, TO AVOID THE CONSEQUENCES OF THE BARRING ACT, THAT THE CLAIM BE FILED IN THE GENERAL ACCOUNTING OFFICE ON OR BEFORE MARCH 30, 1959. THE RECORD SHOWS THAT THE FIRST CLAIM THAT WE RECEIVED FROM YOU WAS CONTAINED IN YOUR LETTER OF SEPTEMBER 20, 1965, MORE THAN 16 YEARS AFTER YOUR CLAIM ACCRUED. THEREFORE, THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBIT CONSIDERATION OF YOUR CLAIM BY OUR OFFICE.

YOUR LETTER OF AUGUST 8, 1966, PRESENTS NO MATTERS NOT PREVIOUSLY CONSIDERED AND ACCORDINGLY WE MUST ADHERE TO OUR DECISION OF MAY 11, 1966.