B-141378, DEC. 31, 1959

B-141378: Dec 31, 1959

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AYRES: WE HAVE RECEIVED YOUR UNDATED LETTER. IN WHICH YOU AGAIN REQUEST THAT WE CONSIDER YOUR CLAIM FOR BACK PAY WHICH YOU BELIEVE IS DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM JUNE 28. WE EXPLAINED TO YOU THAT UNDER THOSE PROVISIONS WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM SINCE IT WAS NOT RECEIVED IN OUR OFFICE. IS APPLICABLE TO ALL CLAIMS AGAINST THE UNITED STATES WHICH ARE COGNIZABLE BY OUR OFFICE. IT IS EQUALLY APPLICABLE TO CLAIMS WHICH ACCRUED PRIOR TO OCTOBER 9. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE IT FURST ACCRUED AND SINCE IT DOES NOT FALL WITHIN ANY OF THE EXCEPTIONS SPECIFIED IN THE ACT. WE ARE PRECLUDED FROM CONSIDERING SUCH CLAIM.

B-141378, DEC. 31, 1959

TO MR. JOSEPH J. AYRES:

WE HAVE RECEIVED YOUR UNDATED LETTER, APPARENTLY POSTMARKED DECEMBER 15, 1959, IN WHICH YOU AGAIN REQUEST THAT WE CONSIDER YOUR CLAIM FOR BACK PAY WHICH YOU BELIEVE IS DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM JUNE 28, 1916, TO MARCH 10, 1917. ALSO, THERE HAS BEEN FORWARDED TO US FOR REPLY YOUR LETTER DATED DECEMBER 14, 1959, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, CONCERNING THE SAME MATTER.

IN OUR LETTER TO YOU DATED DECEMBER 11, 1959, G-141378, WE SET FORTH THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND WE EXPLAINED TO YOU THAT UNDER THOSE PROVISIONS WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM SINCE IT WAS NOT RECEIVED IN OUR OFFICE--- THE UNITED STATES GENERAL ACCOUNTING OFFICE--- WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE ACT, BY ITS PLAIN TERMS, IS APPLICABLE TO ALL CLAIMS AGAINST THE UNITED STATES WHICH ARE COGNIZABLE BY OUR OFFICE, EXCEPT "A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA.' IT IS EQUALLY APPLICABLE TO CLAIMS WHICH ACCRUED PRIOR TO OCTOBER 9, 1940, AND TO CLAIMS WHICH ACCRUED AFTER THAT DATE. ACCORDINGLY, SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE IT FURST ACCRUED AND SINCE IT DOES NOT FALL WITHIN ANY OF THE EXCEPTIONS SPECIFIED IN THE ACT, WE ARE PRECLUDED FROM CONSIDERING SUCH CLAIM.