B-150011, OCT. 17, 1962
Highlights
CONCERNING YOUR CLAIM FOR TERMINAL LEAVE PAY BELIEVED DUE YOU INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED APRIL 7. YOU ALSO STATE YOU ARE ENTITLED TO TRAVEL PAY ON DISCHARGE. YOUR CLAIM FOR TERMINAL LEAVE PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 29. THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT YOUR CLAIM WAS PRECLUDED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9. FOR THE REASON THAT YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. WAS ENCLOSED WITH THAT LETTER. YOU WERE AGAIN ADVISED BY LETTER DATED JUNE 16. THAT YOUR CLAIM FOR TERMINAL LEAVE PAY IS BARRED FROM CONSIDERATION AND THAT THE LAW GRANTS THE GENERAL ACCOUNTING OFFICE NO POWER OF DISPENSATION AND THEREFORE WE MAY MAKE NO EXCEPTIONS TO ITS PROVISIONS.
B-150011, OCT. 17, 1962
TO MR. JULIO R. OQUIALDA:
BY LETTER DATED AUGUST 31, 1962, THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, FORWARDED YOUR LETTER OF JULY 10, 1962, ADDRESSED TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR TERMINAL LEAVE PAY BELIEVED DUE YOU INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED APRIL 7, 1949. YOU ALSO STATE YOU ARE ENTITLED TO TRAVEL PAY ON DISCHARGE.
YOUR CLAIM FOR TERMINAL LEAVE PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 29, 1959, AND ON JANUARY 20, 1960, THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT YOUR CLAIM WAS PRECLUDED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FOR THE REASON THAT YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. A COPY OF THE ACT OF OCTOBER 9, 1940, WAS ENCLOSED WITH THAT LETTER.
IN RESPONSE TO YOUR LETTER OF MARCH 14, 1960, YOU WERE AGAIN ADVISED BY LETTER DATED JUNE 16, 1960, THAT YOUR CLAIM FOR TERMINAL LEAVE PAY IS BARRED FROM CONSIDERATION AND THAT THE LAW GRANTS THE GENERAL ACCOUNTING OFFICE NO POWER OF DISPENSATION AND THEREFORE WE MAY MAKE NO EXCEPTIONS TO ITS PROVISIONS. THEREFORE, THE ACTION TAKEN JANUARY 20, 1960, BARRING YOUR CLAIM WAS SUSTAINED.
UNDER THE PLAIN TERMS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY OUR OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. WHATEVER CLAIMS YOU HAD ACCRUED ON DATE OF DISCHARGE APRIL 7, 1949, AND SINCE YOUR CLAIM FOR TERMINAL LEAVE PAY WAS FIRST RECEIVED IN THIS OFFICE DECEMBER 29, 1959, AND YOUR CLAIM FOR TRAVEL PAY ON DISCHARGE WAS RECEIVED HERE SEPTEMBER 4, 1962, BOTH CLAIMS WERE RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN TEN FULL YEARS FROM DATE OF ACCRUAL. THEREFORE WE ARE PRECLUDED BY LAW FROM GIVING THESE CLAIMS ANY CONSIDERATION AND NO FURTHER ACTION CAN BE TAKEN IN THE MATTER BY OUR OFFICE.