B-135764, JUN. 6, 1958

B-135764: Jun 6, 1958

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SR.: REFERENCE IS MADE TO YOUR LETTERS DATED MARCH 9 AND 17. AN EARLIER LETTER FROM YOU CLAIMING SUCH ARREARS OF PAY WAS RECEIVED IN OUR CLAIMS DIVISION ON SEPTEMBER 30. THAT LETTER WAS RETURNED TO YOU BY THE CLAIMS DIVISION ON OCTOBER 11. THE CLAIMS DIVISION EXPLAINED TO YOU THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 30. THERE WAS NO RECORD OF A PRIOR CLAIM HAVING BEEN FILED BY YOU IN OUR OFFICE. CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9.

B-135764, JUN. 6, 1958

TO MR. ROBERT S. QUINN, SR.:

REFERENCE IS MADE TO YOUR LETTERS DATED MARCH 9 AND 17, AND APRIL 23, 1958, CLAIMING ARREARS OF PAY BELIEVED TO BE DUE YOU AT THE DATE OF YOUR DISCHARGE, JUNE 18, 1919, AS AN ENLISTED MAN, UNITED STATES ARMY.

AN EARLIER LETTER FROM YOU CLAIMING SUCH ARREARS OF PAY WAS RECEIVED IN OUR CLAIMS DIVISION ON SEPTEMBER 30, 1957. THAT LETTER WAS RETURNED TO YOU BY THE CLAIMS DIVISION ON OCTOBER 11, 1957 WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THE ACT PROVIDES, IN PERTINENT PART, 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 THE OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. IT FURTHER PROVIDES THAT WHENEVER A CLAIM SO BARRED SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND THAT THE ACTION IN RETURNING THE CLAIM SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. LATER, AFTER THE RECEIPT OF YOUR LETTER DATED DECEMBER 14, 1957, THE CLAIMS DIVISION EXPLAINED TO YOU THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 30, 1957, AND THERE WAS NO RECORD OF A PRIOR CLAIM HAVING BEEN FILED BY YOU IN OUR OFFICE, CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940.

SINCE YOUR CLAIM FIRST ACCRUED ON JUNE 18, 1919, THE DATE OF YOUR DISCHARGE, AND NO CLAIM WAS RECEIVED BY US UNTIL SEPTEMBER 30, 1957, MORE THAN 38 YEARS AFTER THE DATE OF THE ACCRUAL OF YOUR ..END :