B-148830, JUN. 8, 1962

B-148830, JUN. 8, 1962

TO MR. JULIOUS KILLINGSWORTH:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1962, ADDRESSED TO THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR PAY BELIEVED TO BE DUE IN CONNECTION WITH YOUR OVERSEAS SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD MAY 15, 1943, TO DECEMBER 24, 1945. SINCE OUR CLAIMS DIVISION ADVISED YOU ON JULY 11 AND SEPTEMBER 6, 1961, THAT YOUR CLAIM IS BARRED BY LAW, YOUR LETTER WILL BE RECOGNIZED AS A REQUEST FOR A REVIEW OF THE ACTION TAKEN BY THEM.

THE RECORD SHOWS THAT ON JUNE 26, 1961, THIS OFFICE RECEIVED FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, YOUR LETTER PRESENTING CLAIM FOR THE ARREARS OF PAY BELIEVED TO BE DUE YOU. SINCE THERE WAS NOTHING IN THE FILES OF THIS OFFICE REFLECTING THE RECEIPT OF A PRIOR CLAIM FROM YOU AND INASMUCH AS A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED SINCE THE ACCRUAL OF YOUR CLAIM, YOU HAVING BEEN DISCHARGED FROM THE ARMY ON JANUARY 5, 1946, THIS OFFICE RETURNED THE CLAIM TO YOU ALONG WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT UNDER THAT CLAIM WAS BARRED. THE ACT OF OCTOBER 9, 1940, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.

"WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

IN LETTER OF JULY 26, 1961, YOU STATED THAT YOUR CLAIM HAD BEEN INITIALLY PRESENTED BY A LETTER IN FEBRUARY 1950, ADDRESSED TO THE VETERANS ADMINISTRATION, WASHINGTON, D.C; AND REQUESTED THAT WE SEARCH OUR FILES FOR THAT LETTER. YOU WERE ADVISED IN OFFICE LETTER OF SEPTEMBER 6, 1961, THAT, WHILE YOU MAY HAVE FILED A CLAIM WITH THE VETERANS ADMINISTRATION, SUCH FILING MAY NOT BE CONSIDERED AS SUFFICIENT COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT THE CLAIMS MUST BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE. YOU INDICATE IN YOUR LETTER OF MARCH 30, 1962, THAT FROM 1948 THROUGH 1953 YOU WROTE TO THE ARMY AND THE VETERANS ADMINISTRATION REGARDING YOUR CLAIM AND THE ONLY ANSWER YOU RECEIVED WAS IN THE FORM OF A TERMINAL LEAVE BOND FOR YOUR UNUSED ACCUMULATED LEAVE.

THE ACT OF OCTOBER 9, 1940, IS CLEAR AND UNAMBIGUOUS. IT PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT ACCRUED. HENCE, UNDER THAT ACT IT IS IMMATERIAL WHETHER YOU FILED CLAIMS WITH THE ARMY AND THE VETERANS ADMINISTRATION WITHIN THE 10-YEAR LIMITATION PRESCRIBED IN THE LAW. IN OTHER WORDS, CONSIDERATION OF YOUR CLAIM ON ITS MERITS WOULD BE AUTHORIZED ONLY IF YOUR CLAIM WAS FILED IN THIS OFFICE PRIOR TO JANUARY 5, 1956, THAT IS, WITHIN 10 YEARS FROM THE DATE YOU WERE DISCHARGED FROM THE ARMY. SINCE IT IS ESTABLISHED BY THE RECORD THAT YOUR CLAIM WAS NOT FILED HERE UNTIL JUNE 26, 1961, THIS OFFICE IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING YOUR CLAIM. THE ACT DOES NOT PERMIT ANY EXCEPTIONS NOR DOES IT CONFER JURISDICTION UPON THIS OFFICE TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE. ACCORDINGLY, THERE IS NO FURTHER ACTION THAT WE MAY TAKE ON YOUR CLAIM.

OUR FILE CONTAINS A REPORT FROM THE VETERANS ADMINISTRATION REGIONAL OFFICE, COLUMBIA, SOUTH CAROLINA, DATED SEPTEMBER 12, 1952, REFERRING TO THIS OFFICE FOR FURTHER COLLECTION ACTION YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $67.50, REPRESENTING SUBSISTENCE ALLOWANCE FOR THE MONTH OF FEBRUARY 1950, PAID TO YOU BY THE VETERANS ADMINISTRATION AFTER YOU HAD INTERRUPTED YOUR TRAINING ON JANUARY 30, 1950. ON MAY 7, 1953, YOU WERE REQUESTED BY THIS OFFICE TO REMIT THE AMOUNT INVOLVED; HOWEVER, NO FURTHER ACTION WAS TAKEN IN THE MATTER AFTER A SECOND LETTER DATED FEBRUARY 12, 1954, AND ADDRESSED TO YOU AT CYPRESS AVENUE, DENMARK, SOUTH CAROLINA, WAS RETURNED UNDELIVERABLE BY THE POST OFFICE. YOU ARE AGAIN REQUESTED TO REMIT THE AMOUNT OF $67.50 TO THIS OFFICE, THE REMITTANCE TO BE IN THE FORM OF A CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON 13, D.C. ..END :