B-156405, APR. 8, 1965

B-156405: Apr 8, 1965

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COBLENTZ: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR REFUND OF CLASS F ALLOTMENT DEDUCTIONS WHICH WERE MADE FROM YOUR ARMY PAY FROM SOMETIME IN 1943 TO JUNE 1946 AS A BASIS FOR A FAMILY ALLOWANCE TO YOUR PARENTS. YOU STATE THAT SUCH ALLOWANCE WAS NEVER RECEIVED BY THEM. YOUR CLAIM WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10. ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. THIS ACT IS PUBLIC LAW 820. THE DATE OF YOUR DISCHARGE FROM THE ARMY AND SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THAT DATE. IT WAS BARRED BY SECTION 1 OF THE 1940 ACT.

B-156405, APR. 8, 1965

TO MR. WAYNE D. COBLENTZ:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1965, TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR REFUND OF CLASS F ALLOTMENT DEDUCTIONS WHICH WERE MADE FROM YOUR ARMY PAY FROM SOMETIME IN 1943 TO JUNE 1946 AS A BASIS FOR A FAMILY ALLOWANCE TO YOUR PARENTS. YOU STATE THAT SUCH ALLOWANCE WAS NEVER RECEIVED BY THEM.

YOUR CLAIM WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES, GENERALLY, THAT ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. CLAIMS OF THE KIND HERE INVOLVED, HOWEVER, ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH 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.'

THIS ACT IS PUBLIC LAW 820, 76TH CONGRESS, AND YOU SAY IN YOUR LETTER THAT YOU RECEIVED FROM OUR OFFICE A COPY OF THAT PUBLIC LAW.

SINCE YOUR CLAIM ACCRUED NOT LATER THAN JUNE 6, 1946, THE DATE OF YOUR DISCHARGE FROM THE ARMY AND SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THAT DATE, IT WAS BARRED BY SECTION 1 OF THE 1940 ACT. 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 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.

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.