B-152887, NOV. 29, 1963
Highlights
CANOY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17. WAS BARRED. THE RECORD SHOWS THAT DEDUCTIONS DURING THAT PERIOD (EXCEPT FOR THE MONTH OF MAY 1945) WERE MADE AT THE RATE OF $27 PER MONTH ON THE BASIS OF YOUR APPLICATION FOR A FAMILY ALLOWANCE IN FAVOR OF YOUR MOTHER. WHEREAS IT APPEARS THAT THE DEDUCTIONS SHOULD HAVE BEEN MADE AT $22 PER MONTH SINCE SUCH APPLICATION WAS DISAPPROVED BY THE DEPARTMENT OF THE ARMY. THE RECORD FURTHER INDICATES THAT YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 11. SHOULD HAVE NO EFFECT ON YOUR CLAIM. SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 28. THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF YOUR CLAIM. THE ACTION PREVIOUSLY TAKEN IN BARRING YOUR CLAIM IS SUSTAINED.
B-152887, NOV. 29, 1963
TO MR. ALBERT G. CANOY:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1963, PROTESTING THE ACTION TAKEN BY OUR CLAIMS DIVISION UNDER DATE OF OCTOBER 11, 1961, IN ADVISING YOU THAT YOUR CLAIM FOR REFUND OF DEDUCTIONS MADE FROM YOUR ARMY PAY FROM DECEMBER 1944 THROUGH JANUARY 1946, FOR A FAMILY ALLOWANCE IN FAVOR OF YOUR MOTHER, WAS BARRED. THE RECORD SHOWS THAT DEDUCTIONS DURING THAT PERIOD (EXCEPT FOR THE MONTH OF MAY 1945) WERE MADE AT THE RATE OF $27 PER MONTH ON THE BASIS OF YOUR APPLICATION FOR A FAMILY ALLOWANCE IN FAVOR OF YOUR MOTHER, WHEREAS IT APPEARS THAT THE DEDUCTIONS SHOULD HAVE BEEN MADE AT $22 PER MONTH SINCE SUCH APPLICATION WAS DISAPPROVED BY THE DEPARTMENT OF THE ARMY. THE RECORD FURTHER INDICATES THAT YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 11, 1946.
YOU APPARENTLY BELIEVE THAT, SINCE YOU ATTEMPTED SEVERAL YEARS AGO TO COLLECT THIS REFUND FROM THE DEPARTMENT OF THE ARMY, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, SHOULD HAVE NO EFFECT ON YOUR CLAIM. HOWEVER, THE ACT PROVIDES IN PERTINENT PART:
"* * * 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: * * *.'
THE FILING OF A CLAIM IN THE DEPARTMENT OF THE ARMY DOES NOT MEET THE SPECIFIC REQUIREMENT OF THE LAW. 32 COMP. GEN. 267. SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 28, 1961, MORE THAN 10 YEARS AFTER YOUR SEPARATION FROM THE SERVICE AND DISAPPROVAL OF YOUR APPLICATION FOR SUCH FAMILY ALLOWANCE, THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN IN BARRING YOUR CLAIM IS SUSTAINED.