B-134164, APR. 7, 1958

B-134164, APR. 7, 1958

TO MR. ARTHUR J. MORRIS:

YOUR LETTER OF FEBRUARY 26, 1958, REQUESTS RECONSIDERATION OF OUR DECISION OF JANUARY 9, 1958, B-134164, WHICH SUSTAINED THE ACTION PREVIOUSLY TAKEN BY OUR CLAIMS DIVISION ADVISING THAT YOUR CLAIM FOR PAY BELIEVED TO BE DUE YOUR LATE FATHER, ARTHUR MORRIS, INCIDENT TO HIS ALLEGED SERVICE IN THE UNITED STATES ARMY DURING THE CIVIL WAR, IS NOW BARRED.

IN OUR PRIOR DECISION WE QUOTED THE PERTINENT PROVISIONS OF THE ACT OF DECEMBER 22, 1911, WHICH PROVIDED THAT NO CLAIMS FOR PAY AND ALLOWANCES GROWING OUT OF THE SERVICE OF VOLUNTEERS WHO SERVED IN THE ARMY OF THE UNITED STATES DURING THE CIVIL WAR SHALL BE CONSIDERED BY US UNLESS FILED IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON OR BEFORE DECEMBER 31, 1912. WHILE THE QUOTED PROVISIONS OF THE 1911 STATUTE WERE REPEALED BY SECTION 53 OF THE ACT OF AUGUST 10, 1956, 70A STAT. 641, SUCH REPEAL DOES NOT EFFECT THE STATUS OF CLAIMS WHICH ALREADY WERE BARRED BY THE ACT.

IN ADDITION TO YOUR CLAIM BEING BARRED BY THE 1911 ACT, IT ALSO IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH, WITH CERTAIN EXCEPTIONS NOT APPLICABLE IN YOUR CASE, BARS CONSIDERATION BY US OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. A COPY OF THAT LAW IS ENCLOSED. YOUR CLAIM WAS NOT FILED HERE UNTIL OCTOBER 23, 1957, WHICH, OF COURSE, WAS NOT WITHIN THE 10-YEAR PERIOD SPECIFIED. WE REGRET ANY MISINFORMATION WHICH YOU MAY HAVE RECEIVED FROM OTHER SOURCES CONCERNING THE PROPER TIME FOR FILING YOUR CLAIM, BUT THE LAW CLEARLY PROHIBITS US FROM CONSIDERING YOUR CLAIM NOW. FURTHER ..END :