B-145975, JUN. 20, 1961

B-145975, JUN. 20, 1961

TO MR. WILLIAM FAVORS:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON MAY 11, 1961, IN WHICH YOU AGAIN REQUEST CONSIDERATION BE GIVEN TO YOUR CLAIM FOR BACK PAY BELIEVED TO BE DUE YOU AT DATE OF DISCHARGE, SEPTEMBER 21, 1944, AS AN ENLISTED MAN, UNITED STATES ARMY.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 21, 1960, AND WAS RETURNED TO YOU JANUARY 11, 1961, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. BY LETTER OF MARCH 6, 1961, THE CLAIMS DIVISION OF OUR OFFICE INFORMED YOU THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 21, 1960, AND AS MORE THAN 10 FULL YEARS HAD ELAPSED FROM THE DATE YOUR CLAIM FIRST ACCRUED OR FROM THE DATE OF YOUR DISCHARGE, THIS OFFICE HAD NO ALTERNATIVE BUT TO ADVISE YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

THE ACT OF OCTOBER 9, 1940, EXPRESSLY PROVIDES THAT CLAIMS AGAINST THE UNITED STATES THAT ARE FOR SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE (WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL) ARE BARRED FROM CONSIDERATION UNLESS RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MORE THAN 10 YEARS AFTER THE PERIOD OF YOUR ARMY SERVICE, THE STATUTE GIVES US NO OTHER COURSE BUT TO ADVISE YOU THAT WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM. THE FACT THAT YOU MAY NOT HAVE KNOWN THE PROPER OFFICE TO WHICH A CLAIM SHOULD BE SENT OR THAT YOU SENT YOUR CLAIM TO ANOTHER AGENCY OF THE GOVERNMENT DOES NOT EXEMPT YOU FROM THE REQUIREMENTS OF THE STATUTE. ACCORDINGLY, NO FURTHER ACTION CAN BE TAKEN ON YOUR CLAIM BY OUR OFFICE.