A-92590, APR. 12, 1956

A-92590: Apr 12, 1956

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THERE WERE ENCLOSED A PHOTOSTATIC COPY OF "CERTIFICATE IN LIEU OF LOST OR DESTROYED DISCHARGE FROM DRAFT. YOUR CLAIM FOR PAY AND ALLOWANCES WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 8. THAT ACTION WAS SUSTAINED BY OUR DECISION OF FEBRUARY 23. IN THAT DECISION IT WAS EXPLAINED THAT YOUR CLAIM FOR PAY AND ALLOWANCES COULD NOT BE ALLOWED BECAUSE THE RECORDS SHOWED THAT YOU HAD BEEN PAID IN FULL FOR THE PERIOD INVOLVED. THEREAFTER YOUR CASE WAS RECONSIDERED SEVERAL TIMES WITHOUT MODIFICATION OF THE ACTION ORIGINALLY TAKEN. IN WHICH YOU MADE CLAIM FOR SUCH "BONUS" WAS RECEIVED IN OUR OFFICE ON DECEMBER 13. WAS RETURNED TO YOU WITH THE COPY OF PUBLIC LAW 820 APPROVED OCTOBER 9. SUCH PROCEDURE WAS PROPER SINCE CONSIDERATION OF YOUR CLAIM ON ITS MERITS WAS PRECLUDED BY THE EXPRESS PROVISIONS OF THE ACT AS IT WAS NOT RECEIVED HERE WITHIN THE PERIOD SPECIFIED IN SUCH ACT.

A-92590, APR. 12, 1956

TO MR. BARNETT KAHN:

THERE HAS BEEN REFERRED TO OUR OFFICE FOR CONSIDERATION YOUR LETTER POSTMARKED FEBRUARY 3, 1956, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, REGARDING YOUR CLAIM FOR PAY AND ALLOWANCES AND FOR A BONUS ON ACCOUNT OF YOUR ARMY SERVICE DURING WORLD WAR I. THERE WERE ENCLOSED A PHOTOSTATIC COPY OF "CERTIFICATE IN LIEU OF LOST OR DESTROYED DISCHARGE FROM DRAFT; " YOUR LETTER OF DECEMBER 11, 1954, TO OUR OFFICE; A COPY OF PUBLIC LAW 820, 76TH CONGRESS, 3D SESSION, APPROVED OCTOBER 9, 1940, PROVIDING FOR THE BARRING OF CLAIMS AGAINST THE UNITED STATES; AND A NEWSPAPER CLIPPING REGARDING TRAVEL AND SUBSISTENCE ALLOWANCES RECEIVED BY ONE RICHARD ELABER INCIDENT TO HIS SERVICE IN THE SPANISH-AMERICAN WAR.

YOUR CLAIM FOR PAY AND ALLOWANCES WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 8, 1936, AND THAT ACTION WAS SUSTAINED BY OUR DECISION OF FEBRUARY 23, 1938, A-92590, TO YOU. IN THAT DECISION IT WAS EXPLAINED THAT YOUR CLAIM FOR PAY AND ALLOWANCES COULD NOT BE ALLOWED BECAUSE THE RECORDS SHOWED THAT YOU HAD BEEN PAID IN FULL FOR THE PERIOD INVOLVED. THEREAFTER YOUR CASE WAS RECONSIDERED SEVERAL TIMES WITHOUT MODIFICATION OF THE ACTION ORIGINALLY TAKEN. YOUR PRESENT COMMUNICATION CONTAINS NO NEW OR MATERIAL EVIDENCE NOT HERETOFORE CONSIDERED BY OUR OFFICE WHICH WOULD WARRANT OTHER OR DIFFERENT ACTION FROM THAT PREVIOUSLY TAKEN.

SECTION 1406 OF THE "REVENUE ACT OF 1918," 40 STAT. 1151, PROVIDED, AMONG OTHER THINGS, THAT ALL PERSONS SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES "DURING THE PRESENT WAR" WHO HAD SINCE APRIL 6, 1917, BEEN DISCHARGED UNDER HONORABLE CONDITIONS SHOULD BE PAID, IN ADDITION TO ALL OTHER AMOUNTS DUE THEM IN ACCORDANCE WITH LAW, THE SUM OF $60.

YOUR LETTER OF DECEMBER 11, 1954, IN WHICH YOU MADE CLAIM FOR SUCH "BONUS" WAS RECEIVED IN OUR OFFICE ON DECEMBER 13, 1954, AND WAS RETURNED TO YOU WITH THE COPY OF PUBLIC LAW 820 APPROVED OCTOBER 9, 1940. SUCH PROCEDURE WAS PROPER SINCE CONSIDERATION OF YOUR CLAIM ON ITS MERITS WAS PRECLUDED BY THE EXPRESS PROVISIONS OF THE ACT AS IT WAS NOT RECEIVED HERE WITHIN THE PERIOD SPECIFIED IN SUCH ACT.

THE ENCLOSURES RECEIVED WITH YOUR LETTER POSTMARKED FEBRUARY 3, 1956, ARE RETURNED.