B-147701, DEC. 12, 1961

B-147701: Dec 12, 1961

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HAMMOND: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9. YOU SAY THAT YOU WANT TO KNOW IF YOUR RECORD SHOWS WHETHER OR NOT YOU WERE PAID YOUR RETAINER PAY. YOU PREVIOUSLY HAVE BEEN ADVISED THAT YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. THE RECORD PRESENTLY BEFORE US DOES NOT DISCLOSE WHETHER OR NOT YOU WERE PAID RETAINER PAY FOR THE PERIOD INVOLVED BUT EVEN IF IT WERE DETERMINED THAT YOU WERE NOT PAID SUCH PAY NO AMOUNT THEREFOR COULD NOW BE PAID YOU. SINCE YOUR CLAIM IS BARRED BY THE PLAIN PROVISIONS OF THE ACT OF OCTOBER 9. YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.

B-147701, DEC. 12, 1961

TO MR. WILLIAM M. HAMMOND:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1961, IN WHICH YOU AGAIN REFER TO YOUR CLAIM FOR RETAINER PAY WHICH YOU BELIEVE TO BE DUE YOU INCIDENT TO YOUR ENLISTMENT IN THE UNITED STATES NAVAL RESERVE ON MAY 5, 1918. YOU SAY THAT YOU WANT TO KNOW IF YOUR RECORD SHOWS WHETHER OR NOT YOU WERE PAID YOUR RETAINER PAY.

YOU PREVIOUSLY HAVE BEEN ADVISED THAT YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES---

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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:PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE 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.'

THE RECORD PRESENTLY BEFORE US DOES NOT DISCLOSE WHETHER OR NOT YOU WERE PAID RETAINER PAY FOR THE PERIOD INVOLVED BUT EVEN IF IT WERE DETERMINED THAT YOU WERE NOT PAID SUCH PAY NO AMOUNT THEREFOR COULD NOW BE PAID YOU, SINCE YOUR CLAIM IS BARRED BY THE PLAIN PROVISIONS OF THE ACT OF OCTOBER 9, 1940. IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. ACCORDINGLY, NO CONSIDERATION MAY BE GIVEN YOUR CLAIM BY THIS OFFICE.