B-151199, APR. 19, 1963

B-151199: Apr 19, 1963

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TURLEY: REFERENCE IS MADE TO YOUR LETTERS OF MARCH 22 AND MARCH 26. REQUESTING RECONSIDERATION OF THE ACTION TAKEN ON YOUR CLAIM FOR PAY STATED TO HAVE ACCRUED INCIDENT TO YOUR ACTIVE SERVICE IN THE ARMY. YOU STATE THAT YOU ENLISTED IN 1939 AND THAT YOU WERE DISCHARGED IN 1940. YOU WERE ADVISED IN CLAIMS DIVISION LETTERS DATED JANUARY 18. ANY CLAIM WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED IS BARRED FROM CONSIDERATION. THERE IS NO RECORD THAT ANY CLAIM FROM YOU OR ON YOUR BEHALF WAS RECEIVED IN THIS OFFICE UNTIL DECEMBER 14. THE FACT THAT YOU MAY HAVE FILED A CLAIM FOR THE SAME ITEM WITH THE DEPARTMENT OF THE ARMY TWENTY YEARS AGO WITHIN THE 10-YEAR PERIOD PRESCRIBED IN THE 1940 LAW DOES NOT SATISFY THE REQUIREMENTS OF THE ACT SINCE IT EXPRESSLY PROVIDES THAT CLAIMS MUST BE RECEIVED IN THIS OFFICE WITHIN THE PERIOD SPECIFIED.

B-151199, APR. 19, 1963

TO MR. ANDREW C. TURLEY:

REFERENCE IS MADE TO YOUR LETTERS OF MARCH 22 AND MARCH 26, 1963, REQUESTING RECONSIDERATION OF THE ACTION TAKEN ON YOUR CLAIM FOR PAY STATED TO HAVE ACCRUED INCIDENT TO YOUR ACTIVE SERVICE IN THE ARMY. YOU STATE THAT YOU ENLISTED IN 1939 AND THAT YOU WERE DISCHARGED IN 1940.

YOU WERE ADVISED IN CLAIMS DIVISION LETTERS DATED JANUARY 18, 1963, AND FEBRUARY 25, 1963, THAT UNDER THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, ANY CLAIM WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED IS BARRED FROM CONSIDERATION. THERE IS NO RECORD THAT ANY CLAIM FROM YOU OR ON YOUR BEHALF WAS RECEIVED IN THIS OFFICE UNTIL DECEMBER 14, 1962. THE FACT THAT YOU MAY HAVE FILED A CLAIM FOR THE SAME ITEM WITH THE DEPARTMENT OF THE ARMY TWENTY YEARS AGO WITHIN THE 10-YEAR PERIOD PRESCRIBED IN THE 1940 LAW DOES NOT SATISFY THE REQUIREMENTS OF THE ACT SINCE IT EXPRESSLY PROVIDES THAT CLAIMS MUST BE RECEIVED IN THIS OFFICE WITHIN THE PERIOD SPECIFIED. YOUR RIGHT, IF ANY, TO ACTIVE DUTY PAY ACCRUED NOT LATER THAN 1940, MORE THAN TEN YEARS PRIOR TO DECEMBER 14, 1962, AND HENCE THE ACTION TAKEN IN BARRING YOUR CLAIM FOR 10 DAYS' ACTIVE DUTY PAY IS SUSTAINED.

IT IS NOTED THAT YOU ALSO CLAIM 10 DAYS OF ACTIVE DUTY PAY PER MONTH FOR THE REST OF YOUR LIFE. THUS, YOU MAY BE SEEKING MONTHLY PENSION BENEFITS SINCE YOUR CORRESPONDENCE REFERS TO A NUMBER, C18,263,443, WHICH COULD BE THE CLAIM NUMBER ASSIGNED TO YOUR CASE BY THE VETERANS ADMINISTRATION. IS BELIEVED, THEREFORE, THAT YOU HAVE PREVIOUSLY FILED A CLAIM WITH THAT AGENCY. THE VETERANS ADMINISTRATION IS AN INDEPENDENT ESTABLISHMENT IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, ESPECIALLY CREATED FOR OR CONCERNED IN THE ADMINISTRATION OF LAWS RELATING TO THE RELIEF AND OTHER BENEFITS PROVIDED BY LAW FOR VETERANS, THEIR DEPENDENTS, AND THEIR BENEFICIARIES. SEE 38 U.S.C. 201. 38 U.S.C. 211 PROVIDES AMONG OTHER THINGS THAT:

"* * * THE DECISIONS OF THE ADMINISTRATOR (OF VETERANS' AFFAIRS) ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW ADMINISTERED BY THE VETERANS' ADMINISTRATION SHALL BE FINAL AND CONCLUSIVE AND NO OTHER OFFICIAL OR ANY COURT OF THE UNITED STATES SHALL HAVE POWER OR JURISDICTION TO REVIEW ANY SUCH DECISION.'

CONSEQUENTLY, THE GENERAL ACCOUNTING OFFICE HAS NO JURISDICTION TO CONSIDER SUCH MATTERS.