B-156920, JUL. 15, 1965

B-156920: Jul 15, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JR.: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MAY 17 AND 20. - CONCERNING YOUR CLAIM FOR REFUND OF THE SUM OF $110 WHICH YOU SAY WAS DEDUCTED FROM YOUR ARMY PAY PRIOR TO YOUR DISCHARGE ON NOVEMBER 26. WHO RECEIVED PAYMENT FOR ONLY ONE MONTH OUT OF THE SIX FOR WHICH DEDUCTIONS AT THE RATE OF $22 WERE MADE. YOUR LETTER OF MAY 17 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 RECORDS OF OUR OFFICE SHOW THAT A COPY OF THAT PUBLIC LAW WAS SENT TO YOU BY OUR CLAIMS DIVISION ON FEBRUARY 15. SINCE IT WAS NOT RECEIVED IN OUR OFFICE UNTIL FEBRUARY 6.

B-156920, JUL. 15, 1965

TO MR. JAMES R. FARMER, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MAY 17 AND 20, 1965--- THE FORMER ADDRESSED TO THE PRESIDENT OF THE UNITED STATES AND FORWARDED HERE FOR REPLY--- CONCERNING YOUR CLAIM FOR REFUND OF THE SUM OF $110 WHICH YOU SAY WAS DEDUCTED FROM YOUR ARMY PAY PRIOR TO YOUR DISCHARGE ON NOVEMBER 26, 1946, TO COVER YOUR CONTRIBUTION TO AN ALLOTMENT (FAMILY ALLOWANCE) FOR YOUR MOTHER, WHO RECEIVED PAYMENT FOR ONLY ONE MONTH OUT OF THE SIX FOR WHICH DEDUCTIONS AT THE RATE OF $22 WERE MADE. THERE HAS ALSO BEEN RECEIVED YOUR LETTER OF JUNE 30, 1965, CONCERNING THE SAME MATTER.

YOUR LETTER OF MAY 17 WAS FORWARDED HERE BECAUSE SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 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 THE RECORDS OF OUR OFFICE SHOW THAT A COPY OF THAT PUBLIC LAW WAS SENT TO YOU BY OUR CLAIMS DIVISION ON FEBRUARY 15, 1961.

SINCE YOUR CLAIM ACCRUED NOT LATER THAN NOVEMBER 26, 1946, THE DATE OF YOUR DISCHARGE FROM THE ARMY, AND SINCE IT WAS NOT RECEIVED IN OUR OFFICE UNTIL FEBRUARY 6, 1961, MORE THAN 10 FULL YEARS AFTER NOVEMBER 26, 1946, 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.

SINCE YOU SAY THAT YOUR CLAIM WAS FILED WITH THE DEPARTMENT OF THE ARMY WITHIN THE 10-YEAR PERIOD, YOUR ATTENTION IS AGAIN 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 WITHIN THE 10-YEAR PERIOD, 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. WHILE YOU HAVE FURNISHED NO EVIDENCE ESTABLISHING THE VALIDITY OF YOUR CLAIM AND WHILE WE HAVE NO RECORD SHOWING WHETHER OR NOT YOU WOULD HAVE BEEN ENTITLED TO THE AMOUNT YOU ARE NOW CLAIMING, SUCH OMISSIONS ARE IMMATERIAL. IT IS CLEAR THAT, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, ANY AMOUNT WHICH WOULD HAVE BEEN PAYABLE MAY NOT BE PAID IF THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940.