B-135069, FEB. 13, 1958

B-135069: Feb 13, 1958

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NOBLE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 13. OUR RECORDS SHOW THAT YOUR CLAIM WAS RECEIVED HERE ON OCTOBER 16. THAT IT WAS RETURNED TO YOU ON NOVEMBER 21. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. WE TOLD YOU THAT THE LAW REQUIRES THAT THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE DESIGNATED TEN-YEAR PERIOD AND THAT IN VIEW OF THE PROVISIONS OF THE CITED STATUTE OUR PRIOR ACTION WAS SUSTAINED. IT WILL BE NOTED THAT THE FILING OF A CLAIM IN ANY OFFICE OTHER THAN THE GENERAL ACCOUNTING OFFICE DOES NOT MEET THE REQUIREMENTS OF THE LAW. PRESENTS NO FACTS WHICH HAVE NOT BEEN CONSIDERED BEFORE. WILL SERVE NO USEFUL PURPOSE.

B-135069, FEB. 13, 1958

TO MR. WILLIAM W. NOBLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 13, 1958, CONCERNING YOUR CLAIM FOR PAY BELIEVED TO BE DUE YOU IN CONNECTION WITH YOUR ARMY SERVICE DURING THE PERIOD FROM SEPTEMBER 26, 1919, THROUGH OCTOBER 19, 1921, DATE OF DISCHARGE.

OUR RECORDS SHOW THAT YOUR CLAIM WAS RECEIVED HERE ON OCTOBER 16, 1957, AND THAT IT WAS RETURNED TO YOU ON NOVEMBER 21, 1957, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, PUBLIC NO. 820, 54 STAT. 1061, WHICH PROVIDES AS FOLLOWS:

"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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

IN YOUR LETTER OF DECEMBER 3, 1957, YOU CALLED OUR ATTENTION TO THE FACT THAT YOU HAD FILED A CLAIM WITH THE ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C., IN 1923 OR 1924. IN OUR REPLY DATED JANUARY 3, 1958, WE TOLD YOU THAT THE LAW REQUIRES THAT THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE DESIGNATED TEN-YEAR PERIOD AND THAT IN VIEW OF THE PROVISIONS OF THE CITED STATUTE OUR PRIOR ACTION WAS SUSTAINED.

IT WILL BE NOTED THAT THE FILING OF A CLAIM IN ANY OFFICE OTHER THAN THE GENERAL ACCOUNTING OFFICE DOES NOT MEET THE REQUIREMENTS OF THE LAW. ACCORDINGLY, SINCE YOUR LETTER OF JANUARY 13, 1958, PRESENTS NO FACTS WHICH HAVE NOT BEEN CONSIDERED BEFORE, WE MUST ADHERE TO OUR FORMER DISPOSITION OF THE MATTER. FURTHER CORRESPONDENCE, THEREFORE, WILL SERVE NO USEFUL PURPOSE.