B-153801, MAY 21, 1964

B-153801, MAY 21, 1964

TO MR. CHARLES V. WOOD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 1, 1964, REQUESTING THE NAME OF THE GOVERNMENT OFFICE WHICH CAN EFFECT PAYMENT ON YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD MARCH 23, 1943, TO NOVEMBER 16, 1945. THE CLAIM WAS THE SUBJECT OF OUR DECISION OF APRIL 29, 1964, B-153801, TO YOU.

YOU SAY THAT SINCE THE DATE OF YOUR DISCHARGE FROM THE ARMY YOU HAVE BEEN TRYING TO HAVE YOUR PAY ACCOUNT STRAIGHTENED OUT AND THAT YOU CANNOT UNDERSTAND WHY YOUR LETTERS HAVE NOT BEEN DIRECTED TO THE APPROPRIATE OFFICE FOR CONSIDERATION. ALSO, YOU HAVE LISTED IN YOUR LETTER THE PAY AND ALLOWANCES ASSERTED TO BE DUE INCIDENT TO THE ENTIRE PERIOD OF YOUR MILITARY SERVICE AS PRIVATE AND PRIVATE FIRST CLASS, IN THE AGGREGATE AMOUNT OF $2,121, WHICH, LESS $1,260.44, THE AGGREGATE AMOUNT OF PAY AND ALLOWANCES AS SHOWN IN OUR DECISION OF APRIL 29, 1964, AS HAVING BEEN PAID TO YOU, WOULD LEAVE A BALANCE OF $960.56 ($860.56) STILL DUE.

IN OUR DECISION OF APRIL 29, 1964, WE CITED THE APPLICABLE LAWS AND REGULATIONS GOVERNING YOUR CASE, AND FULLY AND CLEARLY EXPLAINED WHY NO AMOUNT IS DUE ON YOUR CLAIM. WE ALSO QUOTED IN PERTINENT PART THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT THOSE PROVISIONS PRECLUDE US FROM CONSIDERING YOUR CLAIM BECAUSE OF THE FACT THAT IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE PRESCRIBED 10 YEARS AFTER THE DATE IT ACCRUED AND, THEREFORE, SUCH CLAIM IS BARRED BY LAW. IT IS IMMATERIAL WHETHER OR NOT YOU FILED A CLAIM FOR PAY AND ALLOWANCES WITH THE DEPARTMENT OF THE ARMY WITHIN 10 YEARS AFTER DATE OF ACCRUAL SINCE, AS POINTED OUT IN OUR DECISION OF APRIL 29, 1964, THE FILING OF A CLAIM WITH SOME OTHER OFFICE OR AGENCY DOES NOT TOLL THE RUNNING OF THE STATUTE. THE LAW BARS CONSIDERATION OF THE CLAIM BY THIS OFFICE UNLESS SUCH CLAIM WAS FILED HERE WITHIN THE 10-YEAR STATUTORY TIME LIMITATION. AS YOU WERE PREVIOUSLY ADVISED, YOUR CLAIM FOR ARREARS OF PAY AND TERMINAL LEAVE AS PRESENTED IN YOUR LETTER OF JANUARY 3, 1964, WAS NOT RECEIVED IN THIS OFFICE UNTIL JANUARY 20, 1964, A PERIOD OF MORE THAN 18 YEARS AFTER SUCH CLAIM FIRST ACCRUED.

IN ORDER TO SUPPORT THE PREMISE THAT, NOTWITHSTANDING THE EFFECT OF THE ACT OF OCTOBER 9, 1940, NO AMOUNT MAY BE DUE YOU ON YOUR CLAIM FOR THE PAY AND ALLOWANCES BECAUSE YOU APPARENTLY WERE PAID IN FULL ON ACCOUNT OF YOUR MILITARY SERVICE, WE LISTED IN OUR DECISION OF APRIL 29, 1964, A SUMMARY OF THE PAYMENTS MADE TO YOU BY THE DEPARTMENT OF THE ARMY FOR THE PERIOD COMMENCING MAY 1, 1944, AND TERMINATING ON DATE OF YOUR DISCHARGE, NOVEMBER 16, 1945. THE FIGURES INCLUDED IN THAT SUMMARY WERE OBTAINED FROM TRANSCRIPTS AND A PHOTOSTATIC COPY OF THE PAYMENT RECORDS COVERING THE PERIOD SUBSEQUENT TO APRIL 30, 1944. SINCE THERE WERE NO TRANSCRIPTS OF THE PAYMENT RECORDS FOR THE PERIOD PRIOR TO MAY 1, 1944, WE WERE IN NO POSITION TO MAKE A LISTING OF THE AMOUNTS DUE AND PAID TO YOU FOR SUCH PERIOD. HOWEVER, THE FACT THAT THE PAYMENT RECORDS FOR THE PERIOD COMMENCING WITH THE DATE OF YOUR ENTRANCE ON ACTIVE DUTY, MARCH 23, 1943, UNTIL APRIL 30, 1944, ARE NOT NOW AVAILABLE FOR EXAMINATION--- SUCH RECORDS HAVING BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF LAW--- IS NOT TO BE CONSTRUED AS IMPLYING THAT THERE IS DUE YOU ARREARS OF PAY AND ALLOWANCES FOR THAT PERIOD. IF ANY AMOUNT WERE DUE YOU FOR THAT PERIOD AND UNPAID PRIOR TO MAY 1, 1944, IT NORMALLY WOULD HAVE BEEN ADDED TO THE PAYMENT MADE TO YOU FOR THE PERIOD MAY 1, 1944, TO JUNE 30, 1944, AND SHOWN IN THE TRANSCRIPTS AND IN OUR SUMMARY. THEREFORE IT APPEARS THAT YOU WERE PAID ALL PAY AND ALLOWANCES FOR THE ENTIRE PERIOD OF YOUR MILITARY SERVICE, MARCH 23, 1943, TO NOVEMBER 16, 1945.

IN ANSWER TO YOUR SPECIFIC QUESTION, YOU ARE ADVISED THAT IN THE ABSENCE OF FURTHER LEGISLATION, THERE IS NO GOVERNMENT DEPARTMENT OR AGENCY WHICH MAY NOW CONSIDER YOUR CLAIM FOR SUCH PAY AND ALLOWANCES, SINCE SUCH CLAIM IS BARRED BY LAW FROM CONSIDERATION. FURTHERMORE, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE ANY EXCEPTIONS TO THE ACT OF OCTOBER 9, 1940, NOR DOES IT CONFER JURISDICTION UPON THIS OFFICE TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE. ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT WE ARE PRECLUDED BY LAW FROM CONSIDERING YOUR CLAIM AND NO FURTHER ACTION MAY BE TAKEN IN THE MATTER BY OUR OFFICE.