B-141916, MAR. 8, 1960

B-141916: Mar 8, 1960

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JAMES WINFIELD: REFERENCE IS MADE TO YOUR UNDATED LETTERS RECEIVED HERE ON JANUARY 25 AND FEBRUARY 26. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 10. OF OUR CLAIMS DIVISION FOR THE REASON THAT YOUR APPLICATION FOR SUCH PAYMENT WAS NOT FILED UNTIL 1959. 37 U.S.C. 34 (A) YOU WERE REQUIRED AS AN ENLISTED MEMBER DISCHARGED PRIOR TO SEPTEMBER 1. THE TIME LIMIT FOR THE FILING WAS EXTENDED TO SEPTEMBER 1. IT IS REGRETTED THAT YOUR CLAIM WAS NOT FILED WITHIN THE PRESCRIBED TIME. SO THAT IT COULD HAVE BEEN CONSIDERED ON ITS MERITS. ARE SUCH AS TO BAR CONSIDERATION OF CLAIMS FILED AFTER JUNE 30. WE TRUST YOU WILL UNDERSTAND THAT WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF DECEMBER 10.

B-141916, MAR. 8, 1960

TO MR. JAMES WINFIELD:

REFERENCE IS MADE TO YOUR UNDATED LETTERS RECEIVED HERE ON JANUARY 25 AND FEBRUARY 26, 1960, CONCERNING YOUR CLAIM FOR PAYMENT FOR UNUSED LEAVE INCIDENT TO YOUR SERVICE IN THE ARMY FROM AUGUST 20, 1941, TO JULY 3, 1945, THE DATE OF YOUR DISCHARGE.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 10, 1959, OF OUR CLAIMS DIVISION FOR THE REASON THAT YOUR APPLICATION FOR SUCH PAYMENT WAS NOT FILED UNTIL 1959, AND UNDER THE PROVISIONS OF SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 965, AS AMENDED BY THE ACT OF APRIL 20, 1950, 64 STAT. 88, 37 U.S.C. 34 (A) YOU WERE REQUIRED AS AN ENLISTED MEMBER DISCHARGED PRIOR TO SEPTEMBER 1, 1946, TO FILE YOUR APPLICATION WITH THE SECRETARY OF THE ARMY, OR HIS DESIGNATED REPRESENTATIVES, NOT LATER THAN JUNE 30, 1951. LATER, AFTER THE RECEIPT OF A FURTHER LETTER FROM YOU CONCERNING YOUR CLAIM, THE CLAIMS DIVISION ADVISED YOU TO THE SAME EFFECT BY LETTER OF JANUARY 14, 1960, TO YOU.

SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ORIGINALLY ENACTED, PROVIDED THAT FORMER ENLISTED MEMBERS COULD BE COMPENSATED FOR UNUSED LEAVE IF THEY FILED AN APPLICATION THEREFOR NOT LATER THAN SEPTEMBER 1, 1947. BY THE ACT OF JULY 26, 1947, 61 STAT. 510, THE TIME LIMIT FOR THE FILING WAS EXTENDED TO SEPTEMBER 1, 1948. THE ACT OF APRIL 26, 1950, FURTHER EXTENDED SUCH TIME LIMIT TO JUNE 30, 1951.

IT IS REGRETTED THAT YOUR CLAIM WAS NOT FILED WITHIN THE PRESCRIBED TIME, JUNE 30, 1951, SO THAT IT COULD HAVE BEEN CONSIDERED ON ITS MERITS. HOWEVER, THE PROVISIONS OF SECTION 5 OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, ARE SUCH AS TO BAR CONSIDERATION OF CLAIMS FILED AFTER JUNE 30, 1951.

ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF DECEMBER 10, 1959, DISALLOWING YOUR CLAIM.

ANY CORRESPONDENCE FOR THE CONSIDERATION OF THE CONGRESS SHOULD BE ADDRESSED TO THE SENATOR OR REPRESENTATIVE REPRESENTING YOUR DISTRICT.