B-158833, APR. 21, 1966

B-158833: Apr 21, 1966

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DEERE: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER RELATIVE TO YOUR CLAIM FOR TERMINAL LEAVE PAY INCIDENT TO YOUR SERVICE AS A PRIVATE FIRST CLASS. THE RECORD SHOWS THAT YOU WERE INDUCTED IN THE ARMY ON JULY 6. WERE RELEASED FROM ACTIVE DUTY ON APRIL 20. YOUR CLAIM FOR TERMINAL LEAVE PAY WAS DISALLOWED BY SETTLEMENT OF JANUARY 13. BECAUSE IT WAS NOT TIMELY FILED. RESPONSE TO YOUR FURTHER INQUIRY YOU WERE MORE FULLY ADVISED BY OUR CLAIMS DIVISION'S LETTER OF FEBRUARY 8. AS TO THE REASON THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM. AT THE TIME OF YOUR DISCHARGE THERE WAS NO LAW AUTHORIZING PAYMENT FOR UNUSED LEAVE UPON DISCHARGE. THE FIRST LAW AUTHORIZING SUCH PAYMENT WAS THE ARMED FORCES LEAVE ACT OF 1946.

B-158833, APR. 21, 1966

TO MR. ALFRED P. DEERE:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER RELATIVE TO YOUR CLAIM FOR TERMINAL LEAVE PAY INCIDENT TO YOUR SERVICE AS A PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT YOU WERE INDUCTED IN THE ARMY ON JULY 6, 1943, ENTERED ON ACTIVE DUTY ON JULY 27, 1943, AND WERE RELEASED FROM ACTIVE DUTY ON APRIL 20, 1946. YOUR CLAIM FOR TERMINAL LEAVE PAY WAS DISALLOWED BY SETTLEMENT OF JANUARY 13, 1966, BECAUSE IT WAS NOT TIMELY FILED. RESPONSE TO YOUR FURTHER INQUIRY YOU WERE MORE FULLY ADVISED BY OUR CLAIMS DIVISION'S LETTER OF FEBRUARY 8, 1966, AS TO THE REASON THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM.

AT THE TIME OF YOUR DISCHARGE THERE WAS NO LAW AUTHORIZING PAYMENT FOR UNUSED LEAVE UPON DISCHARGE. THE FIRST LAW AUTHORIZING SUCH PAYMENT WAS THE ARMED FORCES LEAVE ACT OF 1946, APPROVED AUGUST 9, 1946, 60 STAT. 963, WHICH AUTHORIZED AMONG OTHER THINGS, A CASH PAYMENT FOR UNUSED ACCRUED LEAVE TO FORMER MEMBERS WHO WERE DISCHARGED PRIOR TO SEPTEMBER 1, 1946. THAT ACT, HOWEVER, REQUIRED THAT CLAIMS FOR PAYMENT FOR SUCH UNUSED ACCRUED LEAVE BE FILED WITH THE SECRETARY OF THE ARMY OR HIS DESIGNATED REPRESENTATIVE BY SEPTEMBER 1, 1947. THE LAW WAS SUBSEQUENTLY AMENDED BY THE ACT OF APRIL 26, 1950, 64 STAT. 88, TO PERMIT FILING ON OR BEFORE JUNE 30, 1951.

IN YOUR PRESENT LETTER YOU SAY YOU WERE NOT AWARE OF THE REQUIREMENT TO FILE A CLAIM BY JUNE 30, 1951, AND HAD YOU KNOWN OF THIS YOU WOULD HAVE FILED A TIMELY CLAIM. ALSO, YOU ASK THAT YOUR PAPERS BE RETURNED TO YOU.

WHILE IT IS REGRETTED THAT YOU WERE NOT AWARE OF THE REQUIREMENT FOR FILING CLAIM WITHIN THE PERIOD REQUIRED BY LAW, THE LAW MAKES NO PROVISION FOR WAIVER OF THE TIME LIMIT FOR ANY REASON. SINCE YOUR CLAIM WAS NOT FILED WITHIN THE REQUIRED TIME WE HAVE NO CHOICE BUT TO ADHERE TO THE DISALLOWANCE OF YOUR CLAIM.

WITH RESPECT TO YOUR REQUEST THAT THE CLAIM PAPERS BE RETURNED TO YOU, YOU ARE ADVISED THAT EXCEPT FOR YOUR DISCHARGE CERTIFICATE AND OTHER PERSONAL DOCUMENTS, WHICH ARE RETURNED HEREWITH, IT WILL BE NECESSARY TO RETAIN THE CLAIM PAPERS HERE SINCE THEY CONSTITUTE A PART OF THE RECORD ON WHICH THE SETTLEMENT DISALLOWING YOUR CLAIM WAS BASED. 4 C.F.R. 81.1. 81.2. ..END :