B-145204, MAR. 28, 1961

B-145204: Mar 28, 1961

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TO LIEUTENANT COLONEL GLENN LOVETT: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16. WHILE YOU WERE ON ACTIVE DUTY IN THE ARMY. THE CLAIM WAS RETURNED TO YOU NOVEMBER 29. FOR THE REASON THAT IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE SUBSEQUENT TO A PERIOD OF TEN FULL YEARS FROM THE DATE OF THE CLAIM FIRST ACCRUED. STATING THAT THE CLAIM WAS ORIGINALLY SUBMITTED ON MARCH 26. WAS INDORSED FROM ONE PLACE TO ANOTHER FOR YEARS WITHOUT ACTION. YOU WERE ADVISED THAT THE ACT OF OCTOBER 9. WAS BARRED FROM CONSIDERATION SINCE IT DID NOT APPEAR THAT YOU HAD ACTIVE SERVICE DURING THE TEN-YEAR INTERVAL TO TOLL THE RUNNING OF THE BARRING STATUTE DURING SUCH ACTIVE SERVICE. THE BARRING ACTION WAS SUSTAINED.

B-145204, MAR. 28, 1961

TO LIEUTENANT COLONEL GLENN LOVETT:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16, 1961, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR DEPENDENTS DURING THE YEARS 1942 AND 1943, WHILE YOU WERE ON ACTIVE DUTY IN THE ARMY. THE CLAIM WAS RETURNED TO YOU NOVEMBER 29, 1960, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FOR THE REASON THAT IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE SUBSEQUENT TO A PERIOD OF TEN FULL YEARS FROM THE DATE OF THE CLAIM FIRST ACCRUED. YOU SUBSEQUENTLY REQUESTED RECONSIDERATION OF THE ACTION TAKEN, STATING THAT THE CLAIM WAS ORIGINALLY SUBMITTED ON MARCH 26, 1946, BUT WAS INDORSED FROM ONE PLACE TO ANOTHER FOR YEARS WITHOUT ACTION. HOWEVER, BY OUR LETTER OF DECEMBER 21, 1960, YOU WERE ADVISED THAT THE ACT OF OCTOBER 9, 1940, REQUIRED THAT THE SUBJECT CLAIM BE RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS AFTER THE CLAIM FIRST ACCRUED AND SINCE YOU HAD BEEN RELEASED FROM ACTIVE DUTY APRIL 24, 1946, YOUR CLAIM, RECEIVED HERE NOVEMBER 21, 1960, WAS BARRED FROM CONSIDERATION SINCE IT DID NOT APPEAR THAT YOU HAD ACTIVE SERVICE DURING THE TEN-YEAR INTERVAL TO TOLL THE RUNNING OF THE BARRING STATUTE DURING SUCH ACTIVE SERVICE. ACCORDINGLY, THE BARRING ACTION WAS SUSTAINED.

YOUR PRESENT LETTER REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM ON THE BASIS THAT YOU SERVED ON SHORT PERIODS OF ACTION DUTY PRIOR TO APRIL 1956, WHICH TOLLED THE RUNNING OF THE BARRING STATUTE. YOU LIST FIVE SHORT PERIODS OF ACTIVE DUTY AND MENTION FURTHER THAT YOU SERVED ON 15 DAYS OF ACTIVE DUTY FIELD TRAINING EACH YEAR FROM 1948 THROUGH 1960 AND OTHER SHORT TOURS OF FROM FIVE TO ELEVEN DAYS AT A TIME.

YOU ARE ADVISED THAT UNDER THE PROVISIONS OF SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 50 U.S.C. APP. 525, THE TEN-YEAR PERIOD FIXED BY THE ACT OF OCTOBER 1, 1940, IS EXTENDED ONLY FOR THE PERIOD OF ACTIVE MILITARY SERVICE PERFORMED BY YOU SUBSEQUENT TO THE DATE YOUR CLAIM FIRST ACCRUED. SINCE THE SHORT PERIODS OF ACTIVE DUTY WHICH YOU LIST, PLUS 15 DAYS OF FIELD TRAINING EACH YEAR AND THE ADDITIONAL SHORT TOURS MENTIONED DO NOT EXTEND THE TEN-YEAR PERIOD SUBSTANTIALLY BEYOND 1956, THE CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940, AND WE ARE PROHIBITED BY LAW FROM TAKING ANY ACTION ON YOUR CLAIM.