B-144384, DEC. 9, 1960

B-144384: Dec 9, 1960

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CARRIEGO: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 12. A COPY OF WHICH ACT WAS SENT TO YOU. THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL OCTOBER 12. THE DATE YOU WERE DISCHARGED. CONSIDERATION OF SUCH CLAIM WAS BARRED. SINCE THE CLAIM BY YOU WAS NOT FILED BY THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THAT DATE. THE CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9. WE TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM AND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.

B-144384, DEC. 9, 1960

TO MR. DOROTEO A. CARRIEGO:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1960, AND ENCLOSURES, REFERRED HERE BY THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR DISCHARGE ON FEBRUARY 4, 1949, AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS.

YOUR CLAIM FOR SUCH PAY, AS CONTAINED IN YOUR LETTER OF SEPTEMBER 4, 1959, TO THE UNITED STATES ARMY RECORDS CENTER, ST. LOUIS, MISSOURI, WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 12, 1959. BY LETTER DATED NOVEMBER 10, 1959, THE CLAIMS DIVISION ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH ACT WAS SENT TO YOU, BARS THE CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED, AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL OCTOBER 12, 1959, MORE THAN 10 YEARS AFTER FEBRUARY 4, 1949, THE DATE YOU WERE DISCHARGED, CONSIDERATION OF SUCH CLAIM WAS BARRED. LATER, AFTER THE RECEIPT BY US FROM THE FINANCE CENTER OF YOUR LETTER OF MARCH 12, 1960, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN BARRING YOUR CLAIM, THE CLAIMS DIVISION ADVISED YOU TO THE SAME EFFECT AS IN THE PREVIOUS LETTER OF NOVEMBER 10, 1959.

ANY RIGHT YOU HAD TO RECEIVE MUSTERING-OUT PAY ACCRUED ON FEBRUARY 4, 1949, THE DATE OF YOUR DISCHARGE. SINCE THE CLAIM BY YOU WAS NOT FILED BY THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THAT DATE, THE CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940.

ACCORDINGLY, WE TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM AND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.