B-136194, JUL. 3, 1958

B-136194, JUL. 3, 1958

TO MR. JAMES PORTER DOLLAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 27, 1958, AND TO YOUR MORE RECENT COMMUNICATIONS RECEIVED HERE MAY 20, 1958, AND JUNE 20, 1958, WITH AN ENCLOSURE RELATIVE TO YOUR CLAIM FOR PAY BELIEVED TO BE DUE YOU FOR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD FROM AUGUST 5 TO 10, 1917.

THE FIRST CLAIM FROM YOU CONCERNING THIS MATTER WAS RECEIVED HERE ON SEPTEMBER 18, 1952, OR AFTER MORE THAN 10 YEARS HAD ELAPSED SINCE THE CLAIM, IF ALLOWABLE AT ALL, FIRST ACCRUED.

IN SUCH A CASE THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES:

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM 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.'

ACCORDINGLY, WE MAY NOT CONSIDER THE CLAIM. FURTHER CORRESPONDENCE ON THIS MATTER WILL SERVE NO USEFUL PURPOSE.