B-141929, MAR. 18, 1960

B-141929: Mar 18, 1960

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BALDWIN: REFERENCE IS MADE TO A LETTER DATED JANUARY 21. YOUR CLAIM WAS RECEIVED HERE ON MAY 10. WAS RETURNED TO YOU ON JUNE 15. WHICH LETTER WAS FORWARDED TO YOU BY MR. BARS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER SUCH CLAIM FIST ACCRUED AND AS YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MAY 10. THERE WAS NO ALTERNATIVE BUT TO BAR YOUR CLAIM. IT IS STATED THAT IN 1945 YOU RELATED YOUR CASE TO A REPRESENTATIVE OF THE AMERICAN RED CROSS WHILE IN JAMESTOWN. IT IS URGED THAT YOUR CLAIM BE ALLOWED ON THAT BASIS. EVEN THOUGH YOU MAY HAVE MADE CLAIM WITH A REPRESENTATIVE OF THE AMERICAN RED CROSS. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MAY 10.

B-141929, MAR. 18, 1960

TO MR. AMOS T. BALDWIN:

REFERENCE IS MADE TO A LETTER DATED JANUARY 21, 1960, AND ENCLOSURES, WRITTEN ON YOUR BEHALF BY YOUR WIFE, MRS. AMOS T. BALDWIN, TO THE PRESIDENT OF THE UNITED STATES, AND FORWARDED HERE FOR OUR CONSIDERATION, CONCERNING YOUR CLAIM FOR PAY BELIEVED TO BE DUE YOU AT THE DATE OF YOUR DISCHARGE ON AUGUST 13, 1945, AS AN ENLISTED MAN, UNITED STATES ARMY.

YOUR CLAIM WAS RECEIVED HERE ON MAY 10, 1956, AND WAS RETURNED TO YOU ON JUNE 15, 1956, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. BY LETTER DATED JANUARY 13, 1960, TO THE HONORABLE PAUL F. SCHENCK, HOUSE OF REPRESENTATIVES, WHICH LETTER WAS FORWARDED TO YOU BY MR. SCHENCK AND ENCLOSED WITH THE LETTER OF JANUARY 21, 1960, THE CLAIMS DIVISION EXPLAINED TO MR. SCHENCK THAT SINCE THE ACT OF OCTOBER 9, 1940, BARS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER SUCH CLAIM FIST ACCRUED AND AS YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MAY 10, 1956, THERE WAS NO ALTERNATIVE BUT TO BAR YOUR CLAIM. IN THE LETTER OF JANUARY 21, 1960, IT IS STATED THAT IN 1945 YOU RELATED YOUR CASE TO A REPRESENTATIVE OF THE AMERICAN RED CROSS WHILE IN JAMESTOWN, TENNESSEE. IT IS URGED THAT YOUR CLAIM BE ALLOWED ON THAT BASIS.

THE ACT OF OCTOBER 9, 1940, REQUIRES THAT CLAIMS AGAINST THE UNITED STATES (WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL) BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED. HENCE, EVEN THOUGH YOU MAY HAVE MADE CLAIM WITH A REPRESENTATIVE OF THE AMERICAN RED CROSS, SUCH ACTION DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MAY 10, 1956, MORE THAN 10 YEARS AFTER SUCH CLAIM HAD FULLY ACCRUED ON AUGUST 13, 1945, THE DATE OF YOUR DISCHARGE, WE CANNOT DO OTHERWISE THAN ADVISE YOU THAT THE EXPRESS TERMS OF THE 1940 ACT PRECLUDES OUR CONSIDERATION OF IT.

THE LETTER OF JANUARY 13, 1960, AND THE LETTER OF JANUARY 18, 1960, TO YOU, FROM MR. SCHENCK, ENCLOSED WITH THE LETTER OF JANUARY 21, 1960, ARE RETURNED HEREWITH.