B-133894, NOV. 13, 1957

B-133894: Nov 13, 1957

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LEW: REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF THE DEDUCTIONS OF $22 A MONTH STATED TO HAVE BEEN MADE FROM YOUR ARMY PAY FOR THE PERIOD FROM JANUARY 1. STATING THAT THEY WERE THEN RESIDING AT HOY SUN. THE FAMILY ALLOWANCE IN THE AMOUNT OF $60 A MONTH WAS AUTHORIZED EFFECTIVE JANUARY 1. WAS INCREASED TO $80 A MONTH EFFECTIVE NOVEMBER 1. CHECKS COVERING THIS ALLOWANCE WERE NOT SENT TO THE PERSONS DESIGNATED AS DEPENDENTS AS THEY RESIDED IN CHINA. WHICH WAS A FOREIGN BLOCKED COUNTRY. THE DEPARTMENT OF THE ARMY DETERMINED THAT ALL FAMILY ALLOWANCE PAYMENTS PURSUANT TO YOUR APPLICATION WERE OVERPAYMENTS. PRESUMABLY ON THE BASIS OF A DETERMINATION THAT YOU DID NOT HAVE A DEPENDENT WIFE AND CHILD WITHIN THE PURVIEW OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942.

B-133894, NOV. 13, 1957

TO MR. CHAW G. LEW:

REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF THE DEDUCTIONS OF $22 A MONTH STATED TO HAVE BEEN MADE FROM YOUR ARMY PAY FOR THE PERIOD FROM JANUARY 1, 1943, TO NOVEMBER 10, 1945, THE DATE OF YOUR DISCHARGE, AS YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE PAYMENTS AUTHORIZED TO BE PAID TO MAY FONG LEW (WIFE) AND MUN WAI LEW (CHILD).

THE RECORDS SHOW THAT ON DECEMBER 29, 1942, YOU APPLIED FOR THE FAMILY ALLOWANCE FOR MAY FONG LEW (WIFE) AND MUN WAI LEW (CHILD), STATING THAT THEY WERE THEN RESIDING AT HOY SUN, CANTON, CHINA. THE FAMILY ALLOWANCE IN THE AMOUNT OF $60 A MONTH WAS AUTHORIZED EFFECTIVE JANUARY 1, 1943, AND WAS INCREASED TO $80 A MONTH EFFECTIVE NOVEMBER 1, 1943, BUT CHECKS COVERING THIS ALLOWANCE WERE NOT SENT TO THE PERSONS DESIGNATED AS DEPENDENTS AS THEY RESIDED IN CHINA, WHICH WAS A FOREIGN BLOCKED COUNTRY. ON APRIL 8, 1946, THE DEPARTMENT OF THE ARMY DETERMINED THAT ALL FAMILY ALLOWANCE PAYMENTS PURSUANT TO YOUR APPLICATION WERE OVERPAYMENTS, PRESUMABLY ON THE BASIS OF A DETERMINATION THAT YOU DID NOT HAVE A DEPENDENT WIFE AND CHILD WITHIN THE PURVIEW OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED. IT APPEARS THAT THE PROCEEDS OF A PART OF THE FAMILY ALLOWANCE CHECKS WHICH HAD BEEN ISSUED IN THIS CASE WERE CREDITED TO THE PROPER APPROPRIATION AND THAT THE REMAINING CHECKS WERE CANCELED.

SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES---

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOUR CLAIM FOR REFUND OF THE FAMILY ALLOWANCE DEDUCTIONS MADE FROM YOUR ARMY PAY FOR THE PERIOD FROM JANUARY 1, 1943, TO NOVEMBER 10, 1945, IS BARRED BY THE PROVISIONS OF THE QUOTED ACT SINCE THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL MAY 24, 1956, WHICH WAS MORE THAN TEN YEARS AFTER THE LAST DEDUCTION COULD HAVE BEEN MADE FROM YOUR PAY, AND MORE THAN TEN YEARS AFTER APRIL 8, 1946, THE DATE OF THE DETERMINATION BY THE DEPARTMENT OF THE ARMY CONCERNING YOUR CASE.