B-144929, FEB. 20, 1961

B-144929: Feb 20, 1961

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ROMAN CARDENAS: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7. YOUR CLAIM FOR SUCH PAY WAS FIRST RECEIVED IN OUR OFFICE ON DECEMBER 29. A COPY OF WHICH ACT WAS SENT TO YOU. SINCE YOUR CLAIM WAS RECEIVED HERE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED (APRIL 30. THE DATE YOUR SON WAS DISCHARGED). CONSIDERATION OF SUCH CLAIM WAS BARRED. SAYING THAT IT WAS FILED WITHIN THE 10-YEAR PERIOD. THE FACT THAT A CLAIM MAY HAVE BEEN FILED WITH ANOTHER AGENCY OF THE UNITED STATES GOVERNMENT. SINCE THE CLAIM BY YOU WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM APRIL 30. THE CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9. WE TRUST YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM.

B-144929, FEB. 20, 1961

TO MR. ROMAN CARDENAS:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1961, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU IN THE CASE OF YOUR LATE SON, AMANDO GARDENAS, INCIDENT TO HIS DISCHARGE ON APRIL 30, 1949, AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS.

YOUR CLAIM FOR SUCH PAY WAS FIRST RECEIVED IN OUR OFFICE ON DECEMBER 29, 1959, BY LETTER DATED DECEMBER 23, 1959, FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA. BY LETTER DATED JANUARY 25, 1960, OUR 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 RECEIVED HERE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED (APRIL 30, 1949, THE DATE YOUR SON WAS DISCHARGED), CONSIDERATION OF SUCH CLAIM WAS BARRED. AFTER THE RECEIPT BY US FROM THE FINANCE CENTER OF YOUR LETTER OF JUNE 10, 1960, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN BARRING YOUR CLAIM, THE CLAIMS DIVISION BY LETTER OF OCTOBER 4, 1960, ADVISED YOU TO THE SAME EFFECT AS IN THE PREVIOUS LETTER OF JANUARY 25, 1960. IN YOUR PRESENT LETTER YOU AGAIN REQUEST THAT YOUR CLAIM BE ALLOWED, SAYING THAT IT WAS FILED WITHIN THE 10-YEAR PERIOD.

ANY RIGHT TO RECEIVE MUSTERING-OUT PAY ACCRUED ON THE DATE OF THE DISCHARGE OF YOUR SON. THE FACT THAT A CLAIM MAY HAVE BEEN FILED WITH ANOTHER AGENCY OF THE UNITED STATES GOVERNMENT, AS INDICATED IN YOUR PRESENT LETTER, DOES NOT SATISFY THE REQUIREMENTS OF THE ACT OF OCTOBER 9, 1940, SUCH ACT EXPRESSLY PROVIDING THAT ONLY THOSE CLAIMS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED MAY BE CONSIDERED. SINCE THE CLAIM BY YOU WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM APRIL 30, 1949, THE DATE OF THE DISCHARGE OF YOUR SON, THE CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940.

ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM.