B-171372, FEB 24, 1971
Highlights
MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM NOT ASSERTED WITHIN 10- YEARS FROM DATE IT ACCRUED IS BARRED BY THE ACT OF OCTOBER 9. JUAN PIDO: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1. AS YOU WERE ADVISED IN OUR DECISION OF JANUARY 4. YOUR CLAIM COULD NOT BE CONSIDERED BY THIS OFFICE DUE TO THE FACT THAT OUR RECORDS SHOW THAT SUCH CLAIM WAS FIRST RECEIVED HERE ON MARCH 13. MORE THAN 17 YEARS AFTER YOU WERE DISCHARGED IN 1949. WHICH YOU PRESUMED WAS A BRANCH OF THIS OFFICE. CONTRARY TO YOUR PRESUMPTION THE FINANCE CENTER IS PART OF THE UNITED STATES ARMY AND IS NOT A BRANCH OF THIS OFFICE. SINCE THE 1940 BARRING ACT REQUIRES THAT THE CLAIM BE RECEIVED IN OUR OFFICE WITHIN THE 10 YEAR LIMITATION PERIOD FOR IT TO RECEIVE CONSIDERATION AND YOURS WAS NOT SO RECEIVED.
B-171372, FEB 24, 1971
MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM NOT ASSERTED WITHIN 10- YEARS FROM DATE IT ACCRUED IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.
TO MR. JUAN PIDO:
REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1971, CONCERNING YOUR CLAIM FOR DIFFERENTIAL PAY AND MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949.
AS YOU WERE ADVISED IN OUR DECISION OF JANUARY 4, 1971, B-171372, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM. THAT ACT READS IN PERTINENT PART:
"(1) 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 *** ."
YOUR CLAIM COULD NOT BE CONSIDERED BY THIS OFFICE DUE TO THE FACT THAT OUR RECORDS SHOW THAT SUCH CLAIM WAS FIRST RECEIVED HERE ON MARCH 13, 1967, MORE THAN 17 YEARS AFTER YOU WERE DISCHARGED IN 1949. YOU NOW STATE THAT YOU SUBMITTED YOUR CLAIM TO THE "DIRECTOR OF FINANCE CENTER IN INDIANAPOLIS, INDIANA," ON FEBRUARY 28, 1958, WHICH YOU PRESUMED WAS A BRANCH OF THIS OFFICE.
CONTRARY TO YOUR PRESUMPTION THE FINANCE CENTER IS PART OF THE UNITED STATES ARMY AND IS NOT A BRANCH OF THIS OFFICE. SINCE THE 1940 BARRING ACT REQUIRES THAT THE CLAIM BE RECEIVED IN OUR OFFICE WITHIN THE 10 YEAR LIMITATION PERIOD FOR IT TO RECEIVE CONSIDERATION AND YOURS WAS NOT SO RECEIVED, WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM.