B-133786, SEP. 20, 1957

B-133786: Sep 20, 1957

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THOMAS: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 10. IT IS STATED IN THE LETTER OF SEPTEMBER 10 THAT YOUR RECORDS WERE LOST AND THAT YOU RECEIVED NO PAY. THAT CLAIMS THEREFOR WERE DULY FILED AND THAT THERE WAS FAILURE ON THE PART OF THE FINANCE OFFICERS TO FORWARD THE CLAIMS THROUGH "PROPER CHANNELS.'. THE LETTER THEN INQUIRES WHETHER WE ARE GOING TO "QUIBBLE" OVER A DELAY IN FILING OF APPROXIMATELY FIVE MONTHS OVER THE TEN-YEAR PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. THE RECORD DISCLOSES THAT YOU WERE DISCHARGED FROM THE SERVICE ON NOVEMBER 30. IT IS CLEAR THAT WHATEVER CLAIM YOU MAY HAVE FOR ARREARS OF PAY ACCRUED PRIOR TO THAT DATE. WAS RECEIVED IN OUR OFFICE ON MAY 31. THE REQUIREMENTS OF THAT SECTION WERE COMPLIED WITH IN THIS CASE.

B-133786, SEP. 20, 1957

TO MR. CHRISTY M. THOMAS:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 10, 1957, FROM YOUR WIFE, REQUESTING ON YOUR BEHALF FURTHER CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE YOU FOR THE PERIOD OCTOBER 1945 THROUGH NOVEMBER 30, 1946, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN OF THE AIR CORPS, UNITED STATES ARMY.

AS A BASIS FOR REQUESTING FURTHER CONSIDERATION OF THIS MATTER, IT IS STATED IN THE LETTER OF SEPTEMBER 10 THAT YOUR RECORDS WERE LOST AND THAT YOU RECEIVED NO PAY; THAT CLAIMS THEREFOR WERE DULY FILED AND THAT THERE WAS FAILURE ON THE PART OF THE FINANCE OFFICERS TO FORWARD THE CLAIMS THROUGH "PROPER CHANNELS.' THE LETTER THEN INQUIRES WHETHER WE ARE GOING TO "QUIBBLE" OVER A DELAY IN FILING OF APPROXIMATELY FIVE MONTHS OVER THE TEN-YEAR PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

THE RECORD DISCLOSES THAT YOU WERE DISCHARGED FROM THE SERVICE ON NOVEMBER 30, 1946, AND IT IS CLEAR THAT WHATEVER CLAIM YOU MAY HAVE FOR ARREARS OF PAY ACCRUED PRIOR TO THAT DATE.

YOUR LETTER OF APRIL 20, 1957, CONSTITUTING OUR FIRST NOTICE OF YOUR CLAIM, WAS RECEIVED IN OUR OFFICE ON MAY 31, 1957, HAVING BEEN REFERRED HERE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. ON JULY 1, 1957, OUR CLAIMS DIVISION RETURNED YOUR CLAIM TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, WHICH PROVIDES, WITH EXCEPTIONS NOT HERE MATERIAL, THAT ALL CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIMS SHALL BE RECEIVED IN SUCH OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SECTION 2 OF THE ACT PROVIDES THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THE ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. THE REQUIREMENTS OF THAT SECTION WERE COMPLIED WITH IN THIS CASE.

THE FILING OF A CLAIM WITH SOME OTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT--- IN THIS CASE THE DEPARTMENT OF THE ARMY--- DOES NOT MEET THE STATUTORY REQUIREMENT THAT THE CLAIM BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE INDICATED TEN-YEAR PERIOD, AND THE REPORTED FAILURE OF THE DEPARTMENT OF THE ARMY TO FORWARD YOUR CLAIM DOES NOT ALTER THE FACT THAT OUR OFFICE IS NOW WITHOUT JURISDICTION TO CONSIDER YOUR CLAIM. RESPECTING YOUR INQUIRY AS TO WHETHER OUR OFFICE IS GOING TO "QUIBBLE" OVER A DELAY OF APPROXIMATELY FIVE MONTHS BEYOND THE TEN-YEAR PERIOD, YOU ARE ADVISED THAT THIS IS NOT A MATTER OF DISCRETION IN THIS OFFICE; THE PROVISIONS OF THE ACT ARE MANDATORY AND WE WOULD BE REQUIRED TO REFUSE JURISDICTION OF A CLAIM EVEN THOUGH IT WAS FILED ONLY ONE DAY BEYOND THE INDICATED TEN-YEAR PERIOD.

AS REQUESTED, THE ENCLOSURES TO YOUR LETTER OF JULY 8, 1957, ARE RETURNED HEREWITH.