B-134368, DEC. 20, 1957

B-134368: Dec 20, 1957

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ARNOLD: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 23. WAS RECEIVED HERE ON JULY 9. AS YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JULY 9. THERE WAS NO ALTERNATIVE BUT TO ADHERE TO THE PREVIOUS ACTION BARRING YOUR CLAIM. SAYING THAT THE GOVERNMENT WAS IN ERROR IN STOPPING THE PAYMENTS TO YOU. AS YOU HAVE BEEN ADVISED. THERE IS NO LEGAL BASIS FOR THE FURTHER CONSIDERATION OF YOUR CLAIM.

B-134368, DEC. 20, 1957

TO MRS. EDNA B. ARNOLD:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 23, 1957, CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS BELIEVED TO BE DUE YOU AS THE DEPENDENT MOTHER OF YOUR SON, ROBERT W. ARNOLD, FOR THE PERIOD FEBRUARY 12, 1943, TO JANUARY 7, 1946, DURING WHICH PERIOD HE SERVED AS AN ENLISTED MAN IN THE ARMY.

YOUR CLAIM, AS CONTAINED IN YOUR LETTER OF JULY 2, 1957, TO THE PRESIDENT OF THE UNITED STATES, WAS RECEIVED HERE ON JULY 9, 1957. BY LETTER DATED SEPTEMBER 6, 1957, OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. LATER, AFTER RECEIPT OF YOUR LETTER OF SEPTEMBER 19, 1957, CONCERNING THE MATTER, THE CLAIMS DIVISION BY LETTER DATED OCTOBER 18, 1957, ADVISED YOU THAT SINCE THE ACT OF OCTOBER 9, 1940, BARS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, AND AS YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JULY 9, 1957, MORE THAN 10 YEARS AFTER THE DATE OF YOUR SON'S DISCHARGE, OR THE DATE ON WHICH SUCH CLAIM FIRST ACCRUED, THERE WAS NO ALTERNATIVE BUT TO ADHERE TO THE PREVIOUS ACTION BARRING YOUR CLAIM. IN THE LETTER OF OCTOBER 23, 1957, YOU URGE THAT THE CLAIM BE ALLOWED, SAYING THAT THE GOVERNMENT WAS IN ERROR IN STOPPING THE PAYMENTS TO YOU.

AS YOU HAVE BEEN ADVISED, THE ACT OF OCTOBER 9, 1940, EXPRESSLY PROHIBITS CONSIDERATION OF YOUR CLAIM. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE FURTHER CONSIDERATION OF YOUR CLAIM.