B-131849, MAY 23, 1957

B-131849: May 23, 1957

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NATHANIEL HORN: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 25. YOUR CLAIM WAS NOT CONSIDERED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE IT FIRST ACCRUED. " WHICH IS A DEPARTMENT OF THE ARMY FORM. A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION. THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS IN THE MILITARY SERVICE WHICH WAS TAKEN INTO CONSIDERATION IN YOUR CASE. THE RECEIPT OF WHICH WAS ACKNOWLEDGED ON AUGUST 28. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED. UNDER THE CIRCUMSTANCES IN YOUR CASE IT WILL BE APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.

B-131849, MAY 23, 1957

TO MR. NATHANIEL HORN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 25, 1957, REGARDING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE FOR THE PERIOD FROM DECEMBER 1943 TO OCTOBER 1944, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, ARMY OF THE UNITED STATES, SERVICE NO. 37 532 991.

YOUR CLAIM WAS NOT CONSIDERED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE IT FIRST ACCRUED, AS PROVIDED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU STATE THAT "DA FORM 209," WHICH IS A DEPARTMENT OF THE ARMY FORM,"SHOWS THAT I (YOU) FILED A CLAIM FOR THE REGULAR ARMY PAY WITHIN THE 10 YEARS" ACCORDING TO YOUR UNDERSTANDING.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION, PROVIDES--- SO FAR AS MATERIAL HERE--- THAT "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.' THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS IN THE MILITARY SERVICE WHICH WAS TAKEN INTO CONSIDERATION IN YOUR CASE.

UNDER THE ABOVE-QUOTED PROVISIONS OF THE STATUTE, A CLAIM MUST BE "RECEIVED" IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED TO BE ENTITLED TO CONSIDERATION. THE FACT THAT YOU FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY, THE RECEIPT OF WHICH WAS ACKNOWLEDGED ON AUGUST 28, 1952, WOULD NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED, OUR CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO RETURN IT TO YOU, TOGETHER WITH A COPY OF THE ACT, AS PROVIDED BY SECTION 2 OF THE STATUTE.

ACCORDINGLY, UNDER THE CIRCUMSTANCES IN YOUR CASE IT WILL BE APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.