B-144545, FEB. 8, 1966

B-144545: Feb 8, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WAS REFERRED TO THIS OFFICE UNDER DATE OF JANUARY 3. WERE MAILED TO HER ADDRESS. WERE RETURNED AND CANCELLED. ITS REPORT ALSO INDICATES THAT YOU ARE INDEBTED TO THE UNITED STATES FOR DUPLICATE PAYMENT OF LEAVE RATIONS IN THE AMOUNT OF $12. IT IS REPORTED THAT YOU SERVED ON ACTIVE DUTY IN THE ARMY UNTIL DISCHARGED ON JANUARY 12. YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 6. HENCE IT WAS RETURNED TO YOU ON SEPTEMBER 12. THE ACT ALSO PROVIDES THAT WHENEVER ANY BARRED CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. WHICH WAS WITHIN 10 YEARS FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY ON JANUARY 12. IT WILL BE OBSERVED. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 6.

B-144545, FEB. 8, 1966

TO MR. AUGUST J. DEROZEN:

YOUR LETTER OF AUGUST 2, 1965, ADDRESSED TO THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR REFUND OF DEDUCTIONS MADE FROM YOUR PAY AS AN ENLISTED MEMBER OF THE ARMY IN 1942 AND 1943 ON ACCOUNT OF A FAMILY ALLOWANCE TO YOUR MOTHER, WAS REFERRED TO THIS OFFICE UNDER DATE OF JANUARY 3, 1966, FOR CONSIDERATION.

THE RECORD INDICATES THAT YOU AUTHORIZED A FAMILY ALLOWANCE FOR YOUR MOTHER EFFECTIVE JUNE 1, 1942, AND THAT AFTER THE DEATH OF YOUR MOTHER ON JANUARY 23, 1943, FOUR FAMILY ALLOWANCE CHECKS COVERING THE PERIOD JUNE 1, 1942, THROUGH JUNE 30, 1943, WERE MAILED TO HER ADDRESS, BUT WERE RETURNED AND CANCELLED. A REPORT FROM THE ARMY FINANCE CENTER INDICATES THAT THE AMOUNT DEDUCTED FROM YOUR PAY FOR YOUR CONTRIBUTION TO YOUR MOTHER'S FAMILY ALLOWANCE FROM JUNE 1942 THROUGH FEBRUARY 1943 AT THE RATE OF $5 A MONTH, OR $45, HAS NEVER BEEN REFUNDED TO YOU. ITS REPORT ALSO INDICATES THAT YOU ARE INDEBTED TO THE UNITED STATES FOR DUPLICATE PAYMENT OF LEAVE RATIONS IN THE AMOUNT OF $12, LEAVING A NET BALANCE OF $33 DUE YOU. IT IS REPORTED THAT YOU SERVED ON ACTIVE DUTY IN THE ARMY UNTIL DISCHARGED ON JANUARY 12, 1950.

YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 6, 1960, AND HENCE IT WAS RETURNED TO YOU ON SEPTEMBER 12, 1960, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THE ACT ALSO PROVIDES THAT WHENEVER ANY BARRED CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE,"IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.' SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, CH. 888, 54 STAT. 1181, AS AMENDED, 50 U.S.C. APP. 525, PROVIDES THAT ANY PERIOD OF ACTIVE MILITARY SERVICE SHALL NOT BE INCLUDED IN COMPUTING ANY PERIOD OF LIMITATION OTHERWISE LIMITED BY LAW.

BY LETTER DATED NOVEMBER 14, 1960, YOU URGED THAT YOUR CLAIM BE GIVEN FURTHER CONSIDERATION, SINCE YOU FILED CLAIM IN THE ARMY FINANCE OFFICE, INDIANAPOLIS, INDIANA, ON AUGUST 17, 1959, WHICH WAS WITHIN 10 YEARS FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY ON JANUARY 12, 1950. IT WILL BE OBSERVED, HOWEVER, THAT THE LAW REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. THE FILING OF YOUR CLAIM IN THE ARMY FINANCE CENTER DOES NOT MEET THE REQUIREMENTS OF THE LAW. COMP. GEN. 267. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL SEPTEMBER 6, 1960. HENCE NO CONSIDERATION CAN BE GIVEN YOUR CLAIM.

IN VIEW OF THE EXPRESS PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBITING CONSIDERATION OF CLAIMS RECEIVED MORE THAN 10 YEARS AFTER ACCRUAL, THERE IS NO FURTHER ACTION THAT WE MAY TAKE IN THE MATTER. HAVE NO AUTHORITY TO WAIVE THE EXPRESS PROVISIONS OF LAW PROHIBITING CONSIDERATION OF YOUR CLAIM.