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B-156352, APR. 29, 1965

B-156352 Apr 29, 1965
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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER TO THE ADJUTANT GENERAL. YOUR LETTER WAS ACCOMPANIED BY LETTER DATED JANUARY 5. ADVISED YOU THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. ALTHOUGH YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL DECEMBER 2. YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10. WE ARE PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. FROM CONSIDERING ANY CLAIM AGAINST THE UNITED STATES WHICH IS COGNIZABLE BY OUR OFFICE UNLESS SUCH CLAIM IS RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. WHETHER THE CAUSE OF ACTION SHALL HAVE ACCRUED PRIOR TO OR DURING THE PERIOD OF SUCH SERVICE. SINCE THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOU WERE RETIRED ON DECEMBER 31.

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B-156352, APR. 29, 1965

TO FIRST LIEUTENANT JAMES ROSEMOND, USA, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER TO THE ADJUTANT GENERAL, IN WHICH YOU AGAIN REQUEST RECONSIDERATION OF YOUR CLAIM FOR PAY FOR THE PERIOD OCTOBER 1, 1945, TO JANUARY 1, 1946, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY. YOUR LETTER WAS ACCOMPANIED BY LETTER DATED JANUARY 5, 1965, IN WHICH OUR CLAIMS DIVISION, IN EFFECT, ADVISED YOU THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS MODIFIED BY SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, APPROVED OCTOBER 17, 1940, CH. 888, 54 STAT. 1181. ALTHOUGH YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL DECEMBER 2, 1964, YOU URGE THAT IT SHOULD RECEIVE CONSIDERATION HERE, NOTWITHSTANDING THE PROVISIONS OF THE CITED STATUTES.

YOUR LETTER WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, PROVIDES, GENERALLY, THAT ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. WITH EXCEPTIONS NOT HERE MATERIAL, WE ARE PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING ANY CLAIM AGAINST THE UNITED STATES WHICH IS COGNIZABLE BY OUR OFFICE UNLESS SUCH CLAIM IS RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. IN CONSIDERING THE EFFECT OF THE ACT OF OCTOBER 9, 1940, ON THE RIGHT OF A FORMER MEMBER OF THE ARMED SERVICES TO RECOVER PAY AND ALLOWANCES INCIDENT TO SERVICE IN WORLD WAR II, SUCH ACT MUST BE CONSIDERED IN CONJUNCTION WITH SECTION 205 OF THE ACT OF OCTOBER 17, 1940. THAT SECTION PROVIDES THAT THE PERIOD OF MILITARY SERVICE SHALL NOT BE INCLUDED IN COMPUTING ANY PERIOD LIMITED BY ANY LAW FOR THE BRINGING OF ANY ACTION BY OR AGAINST ANY PERSON IN MILITARY SERVICE, WHETHER THE CAUSE OF ACTION SHALL HAVE ACCRUED PRIOR TO OR DURING THE PERIOD OF SUCH SERVICE.

SINCE THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOU WERE RETIRED ON DECEMBER 31, 1953, AND THAT THERE IS NO RECORD SHOWING THAT YOU HAD SUBSEQUENT ACTIVE DUTY, AND SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL DECEMBER 2, 1964, MORE THAN 10 FULL YEARS AFTER DECEMBER 31, 1953, THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, AS MODIFIED BY THE PROVISIONS OF THE ACT OF OCTOBER 17, 1940, PRECLUDE US FROM CONSIDERING YOUR CLAIM. IT MAY BE STATED THAT, REGARDLESS OF HOW MERITORIOUS A CLAIM MAY BE, WE HAVE BEEN GIVEN NO AUTHORITY TO MAKE ANY EXCEPTIONS TO THE ACT OF OCTOBER 9, 1940, OR TO GRANT ANY EXTENSION OF TIME WITHIN WHICH A CLAIM MAY BE FILED.

WE TRUST THAT THE INFORMATION FURNISHED IN THIS LETTER WILL SUFFICIENTLY EXPLAIN WHY OUR OFFICE MAY NOT GIVE YOUR CLAIM FAVORABLE CONSIDERATION.

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