B-151865, APR. 15, 1964

B-151865, APR. 15, 1964

TO MR. MILTON COCKRELL:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1964, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES REQUESTING FURTHER CONSIDERATION OF THE ACTION TAKEN BY OUR OFFICE PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1178, 1181, BARRING YOUR CLAIM FOR CLASS ALLOTMENT DEDUCTIONS WHICH YOU APPEAR TO BELIEVE WERE MADE FROM YOUR ARMY PAY FOR THE PERIOD SUBSEQUENT TO YOUR MOTHER'S DEATH ON JUNE 17, 1946, UNTIL THE FIRST PART OF 1948. YOU WERE ADVISED IN THE DECISION OF JULY 18, 1962, B- 151865, AND BY OUR CLAIMS DIVISION IN LETTERS DATED SEPTEMBER 13, 1962, AND JUNE 7, 1963, THAT YOUR CLAIM WAS BARRED UNDER THE ACT OF OCTOBER 9, 1940, SINCE IT WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 4, 1962.

YOU SAY THAT SINCE 1949 YOU HAVE WRITTEN A NUMBER OF TIMES TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM, AND THAT YOU DID NOT RECEIVE A REPLY UNTIL AUGUST 1962 WHEN YOU WERE TOLD TO FILE A CLAIM WITH THE GENERAL ACCOUNTING OFFICE. YOU WANT TO KNOW WHY YOU WERE NOT FURNISHED A COPY OF THE ACT OF OCTOBER 9, 1940, AT THE TIME OF YOUR MOTHER'S DEATH IN 1946, AND WHY YOU CANNOT GET YOUR MONEY NOW.

IN OUR DECISION OF JULY 18, 1963, TO YOU, WE QUOTED THE FOLLOWING PERTINENT PART OF THE ACT OF OCTOBER 9, 1940 (30 U.S.C. 71A):

"/1) EVERY CLAIM OR DEMAND * * * A*AINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * *

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

THE ACT OF OCTOBER 9, 1940, EXPRESSLY PROHIBITS CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE OF CLAIMS FILED HERE LATER THAN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, EXCEPT THAT ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES SUBSEQUENT TO THE ACCRUAL OF THE CLAIM IS EXCLUDED IN COMPUTING SUCH 10-YEAR PERIOD. THE FACT THAT YOU MAY HAVE FILED CLAIMS WITH THE ARMY FINANCE CENTER WITHIN THE 10-YEAR PERIOD DOES NOT SATISFY THE REQUIREMENTS OF THE ACT AS IT PROVIDES THAT SUCH CLAIMS MUST BE RECEIVED IN THIS OFFICE WITHIN THE REQUIRED PERIOD. 32 COMP. GEN. 267, COPY ENCLOSED. SINCE THE DEPARTMENT OF THE ARMY REPORTED THAT EXCLUDING ALL SUBSEQUENT PERIODS OF ACTIVE MILITARY SERVICE MORE THAN 10 YEARS HAD ELAPSED BETWEEN THE TIME YOUR CLAIM ACCRUED AND SEPTEMBER 4, 1962, WHEN YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE, THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF YOUR CLAIM.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1178, 1181, WAS PASSED BY THE CONGRESS OF THE UNITED STATES FOR THE PURPOSE OF SETTING A TIME LIMIT FOR FILING CLAIMS AGAINST THE GOVERNMENT AND, LIKE OTHER PUBLIC LAWS, ALL PERSONS ARE CHARGEABLE WITH KNOWLEDGE OF IT. WHILE THE MILITARY SERVICES MAY ADVISE THEIR MEMBERS OF THEIR RIGHTS, THERE IS NO OBLIGATION TO FURNISH THEM COPIES OF THE ACT OF OCTOBER 9, 1940, OR OTHER LAWS. THE FACT THAT YOU DID NOT KNOW ABOUT THE ACT DOES NOT PROVIDE A BASIS FOR THE ALLOWANCE OF YOUR CLAIM. CONSEQUENTLY, THE PREVIOUS ACTION IN BARRING YOUR CLAIM IS AFFIRMED.