B-157733, OCT. 13, 1965

B-157733: Oct 13, 1965

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ODOM: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8. WAS NOT RECEIVED IN OUR OFFICE UNTIL SEPTEMBER 3. THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9. IT WAS RETURNED TO YOU WITH A COPY OF THE ACT. WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM. YOU STATE THAT IT WAS NOT YOUR FAULT THAT THE CLAIM DID NOT REACH THE PROPER OFFICE. WHILE YOU MAY HAVE FILED A TIMELY CLAIM WITH THE DEPARTMENT OF THE ARMY. ANY CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY BARRED BY THE PROVISIONS OF THE 1940 ACT. A COPY OF THIS LETTER IS BEING SENT TO MR.

B-157733, OCT. 13, 1965

TO MR. JOHN H. ODOM:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8, 1965, REQUESTING RECONSIDERATION OF OUR ACTION TAKEN OCTOBER 21, 1959, IN BARRING YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL PERFORMED FROM MIAMI BEACH, FLORIDA, TO CAMP MACKALL, NORTH CAROLINA, PURSUANT TO ORDERS DATED SEPTEMBER 12, 1945, AND FROM CAMP MACKALL TO CAMP CHAFFEE, ARKANSAS, PURSUANT TO ORDERS DATED SEPTEMBER 21, 1945, AS PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES.

SINCE YOUR CLAIM ACCRUED NO LATER THAN NOVEMBER 17, 1945, THE DATE OF YOUR DISCHARGE FROM THE ARMY, AND WAS NOT RECEIVED IN OUR OFFICE UNTIL SEPTEMBER 3, 1959, OR MORE THAN 10 FULL YEARS AFTER NOVEMBER 17, 1945, THE CLAIM WAS BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, AND IN ACCORDANCE WITH THE PROCEDURE PROVIDED IN SECTION 2 OF THAT ACT, IT WAS RETURNED TO YOU WITH A COPY OF THE ACT. SUBSEQUENTLY, IN A LETTER DATED OCTOBER 21, 1959, OUR CLAIMS DIVISION FULLY EXPLAINED TO YOU WHY, UNDER THE PROVISIONS OF THE 1940 ACT, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM.

IN YOUR LETTER OF SEPTEMBER 8, 1965, YOU SAY THAT YOU FILED YOUR CLAIM ON APRIL 4, 1946, AT THE PERSONAL AFFAIRS OFFICE, HAMPTON ROADS PORT OF EMBARKATION, AND THAT YOU HAD RECEIVED SEVERAL LETTERS RELATIVE TO THE CLAIM FROM THE DEPARTMENT OF THE ARMY IN 1946 AND AGAIN IN 1959. YOU STATE THAT IT WAS NOT YOUR FAULT THAT THE CLAIM DID NOT REACH THE PROPER OFFICE, AND YOU REQUEST A REVIEW OF THE ACTION TAKEN SINCE YOU DID FILE YOUR CLAIM SHORTLY AFTER YOUR DISCHARGE.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH HAS BEEN SENT TO YOU, REQUIRES CLAIMS TO BE FILED IN THIS OFFICE WITHIN 10 YEARS FROM DATE OF ACCRUAL. THE FILING OF A CLAIM WITH AN ADMINISTRATIVE OFFICE DOES NOT CONSTITUTE A FILING IN THIS OFFICE WITHIN THE TERMS OF THAT ACT. CONSEQUENTLY, WHILE YOU MAY HAVE FILED A TIMELY CLAIM WITH THE DEPARTMENT OF THE ARMY, AND THAT DEPARTMENT FAILED TO FORWARD THE CLAIM TO THIS OFFICE BEFORE THE EXPIRATION OF THE 10-YEAR PERIOD, SUCH CIRCUMSTANCES AFFORD NO BASIS FOR THE CONSIDERATION OF YOUR CLAIM BY THIS OFFICE. ANY CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY BARRED BY THE PROVISIONS OF THE 1940 ACT. THE PROVISIONS OF THAT ACT CANNOT BE WAIVED BY THIS OFFICE. ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION ON OCTOBER 21, 1959, MUST BE SUSTAINED.

IN ACCORDANCE WITH YOUR REQUEST, A COPY OF THIS LETTER IS BEING SENT TO MR. ROBERT E. CARPENTER, AREA DIRECTOR, DIVISION OF WAR VETERANS' CLAIMS, P.O. BOX 71, NEWPORT NEWS, VIRGINIA.