B-144653, JAN. 26, 1961

B-144653: Jan 26, 1961

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VIDAD: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 28. REQUESTING REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM FOR BACK PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE FROM WHICH YOU WERE DISCHARGED ON JANUARY 14. YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON JUNE 6. YOU WERE ADVISED THAT. CONSIDERATION OF THE CLAIM IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. YOU WERE ADVISED THAT THE ARMY HAD REVOKED YOUR GRADE AND STATUS IN THE ARMY OF THE UNITED STATES. YOU WERE ADVISED THAT A REDETERMINATION OF YOUR STATUS HAD BEEN MADE AND YOU WERE RESTORED TO YOUR STATUS AND GRADE IN THE ARMY OF THE UNITED STATES. IN WHICH IT IS STATED THAT THE PRIOR DEPARTMENT OF ARMY DETERMINATION ESTABLISHING YOUR STATUS IN THE ARMY OF THE UNITED STATES WAS ERRONEOUS AND THAT YOUR ARMY OF THE UNITED STATES STATUS HAD BEEN REVOKED.

B-144653, JAN. 26, 1961

TO MR. WENCESLAO S. VIDAD:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 28, 1960, REQUESTING REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM FOR BACK PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE FROM WHICH YOU WERE DISCHARGED ON JANUARY 14, 1949.

YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON JUNE 6, 1960, AND ON JUNE 21, 1960, OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. SECTION 1 OF THE ACT PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

IN OUR LETTER DATED AUGUST 31, 1960, YOU WERE ADVISED THAT, SINCE MORE THAN TEN FULL YEARS HAD ELAPSED SINCE THE DATE YOUR CLAIM FIRST ACCRUED OR FROM THE DATE OF YOUR DISCHARGE, CONSIDERATION OF THE CLAIM IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

IN YOUR LETTER OF NOVEMBER 28, 1960, YOU SAY THAT ON APRIL 14, 1950, YOU WERE ADVISED THAT THE ARMY HAD REVOKED YOUR GRADE AND STATUS IN THE ARMY OF THE UNITED STATES. SUBSEQUENTLY, ON DECEMBER 6, 1951, YOU WERE ADVISED THAT A REDETERMINATION OF YOUR STATUS HAD BEEN MADE AND YOU WERE RESTORED TO YOUR STATUS AND GRADE IN THE ARMY OF THE UNITED STATES. THEREFORE, YOU CONTEND THAT THE LIMITATION PROVISION OF THE 1940 STATUTE DID NOT BEGIN TO RUN UNTIL DECEMBER 6, 1951.

IN ORDER TO GIVE DUE CONSIDERATION TO YOUR CONTENTION THAT THE STATUTE OF LIMITATIONS SHOULD RUN FROM DECEMBER 6, 1951, THE DATE OF REDETERMINATION OF YOUR STATUS, WE FOUND IT NECESSARY TO OBTAIN FURTHER INFORMATION AND PAPERS ON THE ISSUES INVOLVED FROM THE DEPARTMENT OF THE ARMY. THE DEPARTMENT OF THE ARMY HAS FURNISHED US A COPY OF LETTER DATED NOVEMBER 9, 1953, TO YOU, IN WHICH IT IS STATED THAT THE PRIOR DEPARTMENT OF ARMY DETERMINATION ESTABLISHING YOUR STATUS IN THE ARMY OF THE UNITED STATES WAS ERRONEOUS AND THAT YOUR ARMY OF THE UNITED STATES STATUS HAD BEEN REVOKED. ALSO, IT IS STATED THAT YOUR ORIGINAL DISCHARGE CERTIFICATE, WD AGO FORM 53-55, COVERING SUCH PERIOD OF TIME IS NULL AND VOID AND SHOULD BE RETURNED TO THE DEPARTMENT OF THE ARMY. WE ALSO RECEIVED COPIES OF LETTERS TO YOU DATED FEBRUARY 1, 1954, AND JUNE 5, 1959, IN WHICH IT IS STATED THAT THE ACTION TAKEN BY THE DEPARTMENT OF THE ARMY IN THE LETTER OF NOVEMBER 9, 1953, IS CORRECT AND IS AFFIRMED.

SINCE IT OFFICIALLY HAS BEEN DETERMINED THAT THE REDETERMINATION OF THE DEPARTMENT OF THE ARMY OF DECEMBER 6, 1951, WAS ERRONEOUS AND THAT YOUR STATUS IN THE ARMY OF THE UNITED STATES WAS REVOKED, IT IS CLEAR THAT YOU ARE NOT ELIGIBLE TO CLAIM ANY BENEFITS ACCRUING TO MEMBERS OF THE ARMY OF THE UNITED STATES.