B-136756, JUL. 16, 1958

B-136756: Jul 16, 1958

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IDA MAE WILLS: REFERENCE IS MADE TO YOUR LETTER OF JUNE 9. YOUR CLAIM WAS NOT CONSIDERED BY OUR CLAIMS DIVISION FOR THE REASON THAT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JULY 1. WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED DURING THE PERIOD 1927-1932. A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION. THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS WHO CONTINUE ON ACTIVE DUTY IN THE MILITARY SERVICE. SINCE YOUR CLAIM WAS NOT FILED OR "RECEIVED" IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE OF DISCHARGE OF YOUR HUSBAND FROM THE ARMED FORCES ON MAY 28. ONLY THE DESIGNATE ALLOTTEE OF AN ENLISTED MAN WAS ENTITLED TO RECEIVE A CLASS E ALLOTMENT.

B-136756, JUL. 16, 1958

TO MRS. IDA MAE WILLS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 9, 1958, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PAYMENT OF A CLASS E ALLOTMENT BELIEVED TO BE DUE YOU INCIDENT TO THE SERVICE OF WILBERT J. WILLS AS AN ENLISTED MAN, ARMY SERVICE NO. 6 426 794, FOR THE PERIOD FROM NOVEMBER 7, 1927, TO MAY 28, 1932.

IN VIEW OF THE 10-YEAR PERIOD FOR FILING CLAIMS IN THIS OFFICE AS SET FORTH IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, YOUR CLAIM WAS NOT CONSIDERED BY OUR CLAIMS DIVISION FOR THE REASON THAT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JULY 1, 1952, AND, HENCE, WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED DURING THE PERIOD 1927-1932.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH WAS FURNISHED YOU BY OUR CLAIMS DIVISION, PROVIDES--- SO FAR AS MATERIAL HERE--- 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 SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THE ONLY EXCEPTION IS WITH REGARD TO CERTAIN PERSONS WHO CONTINUE ON ACTIVE DUTY IN THE MILITARY SERVICE.

UNDER THE ABOVE-QUOTED PROVISIONS OF THE STATUTE, A CLAIM MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED, BY THE PERSON ENTITLED TO PAYMENT OR HIS AGENT, TO BE ENTITLED TO CONSIDERATION. SINCE YOUR CLAIM WAS NOT FILED OR "RECEIVED" IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE OF DISCHARGE OF YOUR HUSBAND FROM THE ARMED FORCES ON MAY 28, 1932, OUR CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO RETURN IT TO YOU-- - WITHOUT CONSIDERATION--- AS REQUIRED BY SECTION 2 OF THE ACT OF OCTOBER 9, 1940.

HOWEVER, CONCERNING THE VALIDITY OF YOUR CLAIM, IT MAY BE POINTED OUT THAT PURSUANT TO THE PROVISIONS OF THE ACT OF MARCH 2, 1899, AS AMENDED, 10 U.S.C. 894, ONLY THE DESIGNATE ALLOTTEE OF AN ENLISTED MAN WAS ENTITLED TO RECEIVE A CLASS E ALLOTMENT. SINCE THE RECORDS OF THE DEPARTMENT OF THE ARMY FAIL TO DISCLOSE ANY ALLOTMENT MADE TO YOU BY YOUR HUSBAND DURING HIS MILITARY SERVICE, IT APPEARS THAT YOU WOULD NOT BE ENTITLED TO THE PAYMENT CLAIMED IN ANY EVENT.

ACCORDINGLY, IT IS APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM AND THAT NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CORRESPONDENCE CONCERNING THIS MATTER.