B-142562, AUG. 26, 1960
Highlights
YOU WERE ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. THE CLAIM MUST HAVE BEEN RECEIVED BY US WITHIN THE 10-YEAR PERIOD. THE LETTERS CITED ABOVE WERE NOT INTENDED TO GIVE THE IMPRESSION THAT YOU WERE PRESSING YOUR CLAIM UNDER FALSE PRETENSES. WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9.
B-142562, AUG. 26, 1960
TO MRS. LOLA CURTSINGER:
YOUR LETTER OF JUNE 25, 1960 (WRITTEN ON THE REVERSE SIDE OF OUR CLAIMS DIVISION LETTER OF MARCH 17, 1960, TO YOU), CONCERNING YOUR CLAIM FOR ALLOTMENT PAYMENTS AND BONUS YOU BELIEVE TO BE DUE YOU INCIDENT TO THE SERVICE OF YOUR LATE HUSBAND, HOBERT CROUCH, SERVICE NO. 1569342, IN THE UNITED STATES ARMY, FROM JUNE 16, 1917, TO APRIL 9, 1919, HAS BEEN REFERRED TO OUR OFFICE BY THE U.S. ARMY FINANCE CENTER.
BY LETTERS OF APRIL 7, 1959, JANUARY 26, 1960, AND MARCH 17, 1960, YOU WERE ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. IN OUR LETTER TO YOU DATED APRIL 19, 1960, B-142562, WE SET FORTH AGAIN THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND EXPLAINED TO YOU IN DETAIL WHY SUCH STATUTE PRECLUDED US FROM CONSIDERING YOUR CLAIM. AS POINTED OUT IN THAT LETTER THE PRESENTATION OF A CLAIM TO THE DEPARTMENT OF THE ARMY DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. THE CLAIM MUST HAVE BEEN RECEIVED BY US WITHIN THE 10-YEAR PERIOD. CONTRARY TO WHAT SEEMS TO BE YOUR UNDERSTANDING, THE LETTERS CITED ABOVE WERE NOT INTENDED TO GIVE THE IMPRESSION THAT YOU WERE PRESSING YOUR CLAIM UNDER FALSE PRETENSES. WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER, WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9, 1940, SPECIFICALLY PROHIBITS US FROM GIVING CONSIDERATION TO YOUR CLAIM.