B-163614, SEP. 3, 1969

B-163614, SEP. 3, 1969

MILITARY - FAMILY ALLOWANCES - STALE CLAIM DECISION TO CLAIMANT REAFFIRMING PRIOR DECISIONS OF MARCH 28 AND INCIDENT TO SERVICE OF CLAIMANT'S SON AS MEMBER OF ARMY IN WORLD WAR II AND RECEIVED ON JUNE 12, 1967, IN GAO MAY NOT BE CONSIDERED BECAUSE OF THE BARRED ACT, 31 U.S.C. 71A.

TO VICTORIA M. GAHUB:

WE HAVE YOUR LETTER OF JULY 31, 1969, ADDRESSED TO THE CHIEF, PAYMENT CLAIMS BRANCH, UNITED STATES GENERAL ACCOUNTING OFFICE, WASHINGTON, D.C., AND ENCLOSURE, CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCES BELIEVED TO BE DUE INCIDENT TO THE SERVICE OF YOUR SON, FRANCISCO M. GAHUB, AS A MEMBER OF THE UNITED STATES ARMY DURING WORLD WAR II.

YOU SAY IN YOUR LETTER THAT YOU HAVE A LETTER DATED APRIL 29, 1969, FROM THE PAYMENT CLAIMS BRANCH, A COPY OF WHICH YOU ENCLOSED, INFORMING YOU THAT THE PAPERS SUPPORTING YOUR CLAIM ARE IN THAT BRANCH FOR PAYMENT. YOU STATE THAT YOU DO NOT UNDERSTAND THEREFORE WHY THE CLAIM WAS AGAIN REFERRED TO THE OFFICE OF THE COMPTROLLER GENERAL AND DISALLOWED. YOU EXPRESS THE OPINION THAT SINCE THE ADJUDICATING OFFICER HAD RENDERED HIS FINAL DECISION ADJUDICATING YOUR CLAIM AND THEN FORWARDED IT TO THE PAYMENT CLAIMS BRANCH FOR PAYMENT, IT IS AN INJUSTICE TO MAKE ANOTHER DECISION AND DISALLOW THE PAYMENT OF YOUR CLAIMS.

THE PAYMENT CLAIMS BRANCH IS A SUBDIVISION OF THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, AND IS CHARGED INITIALLY WITH THE RESPONSIBILITY OF SETTLING CLAIMS AGAINST THE UNITED STATES WHICH ARE COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE. THAT BRANCH IS VESTED WITH AUTHORITY TO CONSIDER AND DETERMINE THE VALIDITY OF CLAIMS AGAINST THE UNITED STATES GOVERNMENT. HOWEVER, THERE IS NOTHING IN THE RECORD TO SHOW THAT YOUR CLAIM WAS FAVORABLY CONSIDERED AND DETERMINED BY THE PAYMENT CLAIMS BRANCH. THE RECORD SHOWS THAT ON JUNE 30, 1967, THAT BRANCH RETURNED YOUR CLAIM, WHICH WAS INITIALLY RECEIVED BY THEM ON JUNE 12, 1967, BECAUSE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, BARRED CONSIDERATION OF THE CLAIM. BY LETTER DATED NOVEMBER 15, 1967, THAT BRANCH FURTHER ADVISED YOU CONCERNING THE APPLICATION AND EFFECT OF THE ACT OF OCTOBER 9, 1940.

THE LETTER DATED APRIL 29, 1969, FROM THE PAYMENT CLAIMS BRANCH, DID NOT INDICATE THAT YOUR CLAIM HAD BEEN ALLOWED AND WAS BEING PROCESSED FOR PAYMENT, BUT SIMPLY ACKNOWLEDGED THE RECEIPT OF COMMUNICATION FROM YOU CONCERNING THE MATTER.

THE CLAIM WAS FURTHER CONSIDERED ON THE BASIS OF YOUR REQUEST OF MARCH 31, 1969, AND BY DECISION B-163614 DATED JULY 8, 1969, COPY ENCLOSED, IT WAS EXPLAINED TO YOU WHY YOUR CLAIM WAS BARRED AND COULD NOT BE CONSIDERED BY THIS OFFICE. SIMILAR EXPLANATIONS WERE FURNISHED YOU IN DECISIONS OF MARCH 28 AND DECEMBER 27, 1968, B-163614.

YOUR PRESENT LETTER AFFORDS NO BASIS FOR ANY CHANGE IN THOSE DECISIONS. FURTHER CORRESPONDENCE ABOUT YOUR CLAIM WILL SERVE NO USEFUL PURPOSE.