B-142057, MAR. 2, 1960

B-142057: Mar 2, 1960

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VOLENA JONES JENKINS: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 18. IT WAS HELD BY THE COMPTROLLER OF THE TREASURY. THAT CLAIMS ON ACCOUNT OF THE SERVICES OF AN OFFICER OR ENLISTED MAN OF THE VOLUNTEER ARMY DURING THE CIVIL WAR WHICH WERE PENDING IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON DECEMBER 31. ALTHOUGH A CLAIM MAY HAVE BEEN FILED BY YOUR MOTHER IN THIS CASE. WAS A NEW CLAIM. WE WERE NOT AUTHORIZED TO RECEIVE AND CONSIDER. WAS REPEALED BY SECTION 53 OF THE ACT OF AUGUST 10. SINCE YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22. ANY ADVICE THAT YOU MAY HAVE RECEIVED THAT "AN ADJUSTMENT WOULD BE MADE" WAS IN ERROR.

B-142057, MAR. 2, 1960

TO MRS. VOLENA JONES JENKINS:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 18, 1960, FURTHER CONCERNING YOUR CLAIM FOR BOUNTY BELIEVED TO BE DUE ON ACCOUNT OF THE SERVICE OF YOUR GRANDFATHER, LODERICK WHITE, IN THE CIVIL WAR. IN OUR LETTER DATED JANUARY 9, 1952, WE ADVISED YOU THAT WE HAD FOUND NO RECORD OF THE RECEIPT OF A CLAIM FROM YOUR MOTHER IN THIS CASE.

THE ACT OF DECEMBER 22, 1911, 37 STAT. 49, AS AMENDED BY SECTION 304 OF THE ACT OF JUNE 10, 1921, 42 STAT. 24, 10 U.S.C. (1952 ED.) 867, PROVIDED IN PERTINENT PART, THAT---

"NO CLAIM FOR ARREARS OF PAY, BOUNTY, OR OTHER ALLOWANCES GROWING OUT OF VOLUNTEERS WHO SERVED IN THE ARMY OF THE UNITED STATES DURING THE CIVIL WAR SHALL BE RECEIVED OR CONSIDERED BY THE ACCOUNTING OFFICERS OF THE GENERAL ACCOUNTING OFFICE UNLESS FILED IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON OR BEFORE DECEMBER 31, 1912 * * *.'

IN CONSTRUING THE ACT OF DECEMBER 22, 1911, IT WAS HELD BY THE COMPTROLLER OF THE TREASURY, 19 COMP. DEC. 412, THAT CLAIMS ON ACCOUNT OF THE SERVICES OF AN OFFICER OR ENLISTED MAN OF THE VOLUNTEER ARMY DURING THE CIVIL WAR WHICH WERE PENDING IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON DECEMBER 31, 1912, MIGHT BE CONSIDERED AND SETTLED, BUT THAT THE FILING OF SUCH A CLAIM BY A SOLDIER, HIS HEIRS, OR LEGAL REPRESENTATIVES PRIOR TO DECEMBER 31, 1912, DID NOT AUTHORIZE THE AUDITOR TO RECEIVE OR CONSIDER A NEW CLAIM FILED AFTER THAT DATE BY OTHER HEIRS OR BY OTHER LEGAL REPRESENTATIVES OF THE SOLDIER. ACCORDINGLY, ALTHOUGH A CLAIM MAY HAVE BEEN FILED BY YOUR MOTHER IN THIS CASE, YOUR CLAIM AS PRESENTED IN YOUR LETTER DATED AUGUST 9, 1951, WAS A NEW CLAIM, WHICH, BECAUSE OF THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, WE WERE NOT AUTHORIZED TO RECEIVE AND CONSIDER. WHILE SECTION 867 OF TITLE 10 OF THE U.S.C. WAS REPEALED BY SECTION 53 OF THE ACT OF AUGUST 10, 1956, 70A STAT. 641, 656, SUCH REPEAL DOES NOT AFFECT THE STATUS OF CLAIMS PREVIOUSLY BARRED BY THE ACT. STEWART V. KEYES, 295 U.S. 403.

SINCE YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, ANY ADVICE THAT YOU MAY HAVE RECEIVED THAT "AN ADJUSTMENT WOULD BE MADE" WAS IN ERROR.