B-155888, FEB. 10, 1965

B-155888: Feb 10, 1965

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MOE: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED DECEMBER 23. SHOULD HAVE RECEIVED AS "ALLOTMENT" PAYMENTS INCIDENT TO YOUR SERVICE IN THE ARMY FROM NOVEMBER 18. SINCE SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL AUGUST 11. THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9. IT WAS PROMPTLY RETURNED TO YOU WITH A COPY OF THE ACT. WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM. YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE. YOUR ATTENTION IS ALSO INVITED TO THE FACT THAT. ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT.

B-155888, FEB. 10, 1965

TO MR. EDWARD J. MOE:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED DECEMBER 23, 1964, CONCERNING YOUR CLAIM FOR AMOUNTS WHICH YOU BELIEVE YOUR WIFE, GLADYS EDNA MOE, SHOULD HAVE RECEIVED AS "ALLOTMENT" PAYMENTS INCIDENT TO YOUR SERVICE IN THE ARMY FROM NOVEMBER 18, 1942, TO APRIL 8, 1943. YOU MENTION VARIOUS LETTERS WHICH YOU WROTE TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING THIS MATTER, AND YOU IN EFFECT RAISE THE QUESTION AS TO WHY THAT CENTER DID NOT PROMPTLY REFER YOUR CLAIM TO OUR OFFICE OR NOTIFY YOU THAT IT SHOULD BE SENT HERE.

SINCE YOUR CLAIM ACCRUED NOT LATER THAN APRIL 8, 1943, THE DATE OF YOUR DISCHARGE FROM THE ARMY, AND SINCE SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL AUGUST 11, 1964, OR MORE THAN 10 FULL YEARS AFTER APRIL 8, 1943, THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, AND, IN ACCORDANCE WITH THE PROCEDURE PROVIDED IN SECTION 2 OF THAT ACT, IT WAS PROMPTLY RETURNED TO YOU WITH A COPY OF THE ACT. SUBSEQUENTLY, IN LETTER OF OCTOBER 21, 1964, OUR CLAIMS DIVISION FULLY EXPLAINED TO YOU WHY, UNDER THE PROVISIONS OF THE 1940 ACT, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM.

YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IN VIEW OF SUCH SPECIFIC STATUTORY PROVISIONS, WE MAY MAKE NO EXCEPTIONS THERETO AND WE MAY GRANT NO EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED. YOUR ATTENTION IS ALSO INVITED TO THE FACT THAT, ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY, THEREFORE, IS NOT THE FILING OF A CLAIM IN OUR OFFICE WITHIN THE INTENT AND MEANING OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. IN THIS CONNECTION, IT MAY BE STATED THAT WE HAVE NO RECORDS WHICH WOULD SHOW THE ACTION TAKEN ON YOUR CLAIM BY THE FINANCE CENTER, U.S. ARMY, OR THE REASON WHY YOUR CLAIM WAS NOT FORWARDED TO OUR OFFICE AT AN EARLIER DATE.

IN VIEW OF THE PLAIN PROVISIONS OF THE 1940 ACT, AND OF THE INFORMATION FURNISHED IN THIS LETTER, WE TRUST THAT YOU WILL UNDERSTAND WHY NO CONSIDERATION MAY BE GIVEN YOUR CLAIM BY OUR OFFICE.