B-123752, JUL. 27, 1955

B-123752: Jul 27, 1955

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FULD: REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. IN EFFECT REQUESTING REVIEW OF THE ACTION OF OUR CLAIMS DIVISION IN ADVISING YOU THAT WE ARE NOT AUTHORIZED TO CONSIDER YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF CLOTHING PURCHASED AFTER YOUR DISCHARGE FROM THE U.S. WHICH WAS NOT RECEIVED THERE. AT THE TIME OF YOUR DISCHARGE THERE WAS IN EFFECT THE ACT OF MARCH 3. IF THE CLAIM WAS FILED WITHIN TWO YEARS FROM THE TIME IT ACCRUED. WITHIN TWO YEARS AFTER PEACE WAS ESTABLISHED. THAT LAW WAS AMENDED BY THE ACT OF MARCH 4. SINCE ANY CLAIM WHICH YOU MIGHT HAVE HAD UNDER THAT STATUTE ACCRUED AT LEAST NO LATER THAN THE YEAR 1919. IT IS CLEAR THAT ANY SUCH CLAIM WAS BARRED BY THE SPECIFIC TERMS OF THAT LAW.

B-123752, JUL. 27, 1955

TO MR. HORACE A. FULD:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1955, IN EFFECT REQUESTING REVIEW OF THE ACTION OF OUR CLAIMS DIVISION IN ADVISING YOU THAT WE ARE NOT AUTHORIZED TO CONSIDER YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF CLOTHING PURCHASED AFTER YOUR DISCHARGE FROM THE U.S. ARMY IN JULY 1919, TO REPLACE CIVILIAN CLOTHING WHICH YOU TURNED OVER TO THE QUARTERMASTER AT TRIER, GERMANY, FOR SHIPMENT TO YOU AT YOUR NEW YORK ADDRESS, BUT WHICH WAS NOT RECEIVED THERE.

AT THE TIME OF YOUR DISCHARGE THERE WAS IN EFFECT THE ACT OF MARCH 3, 1885, AS AMENDED BY THE ACT OF JULY 9, 1918, 40 STAT. 880, AUTHORIZING THE ACCOUNTING OFFICERS OF THE TREASURY TO EXAMINE CLAIMS OF ENLISTED MEN OF THE ARMY FOR LOSS OF PRIVATE PROPERTY, IF THE CLAIM WAS FILED WITHIN TWO YEARS FROM THE TIME IT ACCRUED, OR, IF IT ACCRUED IN TIME OF WAR, WITHIN TWO YEARS AFTER PEACE WAS ESTABLISHED. THAT LAW WAS AMENDED BY THE ACT OF MARCH 4, 1921, 41 STAT. 1437, TO AUTHORIZE THE SECRETARY OF WAR TO EXAMINE AND SETTLE SUCH CLAIMS IF FILED WITHIN THE SPECIFIED TIME. SINCE ANY CLAIM WHICH YOU MIGHT HAVE HAD UNDER THAT STATUTE ACCRUED AT LEAST NO LATER THAN THE YEAR 1919, IT IS CLEAR THAT ANY SUCH CLAIM WAS BARRED BY THE SPECIFIC TERMS OF THAT LAW.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS RECEIVED HERE WITHIN TEN YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. FURTHER PROVIDES THAT, WHEN ANY SUCH BARRED CLAIM IS RECEIVED HERE,"IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.' THAT ACT BECAME EFFECTIVE ON THE DATE OF ITS ENACTMENT, OCTOBER 9, 1940, AND IS APPLICABLE TO CLAIMS MORE THAN TEN YEARS OLD WHEN FILED HERE AFTER THAT DATE. HENCE, EVEN IF YOUR CLAIM INVOLVED A MATTER COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE--- WHICH IS NOT THE CASE--- IT WAS BARRED FOR THE REASON THAT IT WAS FILED HERE MORE THAN TEN YEARS AFTER IT FIRST ACCRUED.

ACCORDINGLY, YOU WERE PROPERLY ADVISED THAT WE ARE NOT AUTHORIZED TO CONSIDER YOUR CLAIM.