B-141527, DEC. 31, 1959
Highlights
OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. SINCE YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD.
B-141527, DEC. 31, 1959
TO MR. RUFUS WARE:
YOUR LETTER OF NOVEMBER 12, 1959, ADDRESSED TO MR. HARDOL V. RAVESON, BOARD OF VETERANS APPEALS HAS BEEN FORWARDED HERE FOR REPLY. YOU REQUEST FURTHER REVIEW OF OUR SETTLEMENT OF OCTOBER 1, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF FORFEITURE OF PAY.
THE CLAIMS DIVISION RETURNED YOUR CLAIM TO YOU TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH ACT BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED HERE WITHIN A TEN-YEAR PERIOD.
THE ACT OF OCTOBER 9, 1940, PROVIDES AS FOLLOWS:
"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION, OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.
"SEC. 2. 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.'
IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. SINCE YOUR CLAIM WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD, THE FOREGOING ACT MADE IT COMPULSORY TO DENY YOUR CLAIM, REGARDLESS OF YOUR CONTENTION THAT NEGLIGENCE ON THE PART OF THE DEPARTMENT OF THE ARMY RESULTED IN YOUR FAILURE TO RECEIVE THE REFUND SOUGHT BY YOU.