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B-159098, MAY 11, 1966

B-159098 May 11, 1966
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SANTIAGO: REFERENCE IS MADE TO YOUR LETTER OF APRIL 14. PROHIBITS OUR OFFICE FROM CONSIDERING YOUR CLAIM DUE TO THE FACT THAT IT WAS NOT RECEIVED WITHIN THE TEN YEARS FOLLOWING THE DATE ON WHICH IT ACCRUED. RECEIVED A PORTION OF WHAT YOU BELIEVE WAS DUE. IN VIEW OF THAT CLAIM YOU FEEL THAT YOU HAVE SATISFIED THE LEGAL REQUIREMENTS AND ARE STILL ENTITLED TO AN ADDITIONAL AMOUNT. THERE IS NO RECORD OF OUR OFFICE HAVING RECEIVED ANY CLAIM FROM YOU PRIOR TO YOUR LETTER OF SEPTEMBER 20. WHICH WAS RECEIVED HERE ON NOVEMBER 1. ALTHOUGH YOU MAY HAVE FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT. IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE TEN-YEAR PERIOD HAS ELAPSED FOR SUCH CLAIM TO BE RECOGNIZED.

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B-159098, MAY 11, 1966

TO JUAN M. SANTIAGO:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 14, 1966, IN WHICH YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BASED ON YOUR DISCHARGE FROM THE UNITED STATES ARMY ON MARCH 30, 1949.

IN OUR LETTER OF MARCH 11, 1966, WE EXPLAINED TO YOU THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, PROHIBITS OUR OFFICE FROM CONSIDERING YOUR CLAIM DUE TO THE FACT THAT IT WAS NOT RECEIVED WITHIN THE TEN YEARS FOLLOWING THE DATE ON WHICH IT ACCRUED. THAT ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES * * * 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 * * * WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU NOW CONTEND THAT YOU FILED A FORMAL CLAIM FOR ADDITIONAL MUSTERING- OUT PAY ON OCTOBER 31, 1957, AND RECEIVED A PORTION OF WHAT YOU BELIEVE WAS DUE. IN VIEW OF THAT CLAIM YOU FEEL THAT YOU HAVE SATISFIED THE LEGAL REQUIREMENTS AND ARE STILL ENTITLED TO AN ADDITIONAL AMOUNT.

THERE IS NO RECORD OF OUR OFFICE HAVING RECEIVED ANY CLAIM FROM YOU PRIOR TO YOUR LETTER OF SEPTEMBER 20, 1965, WHICH WAS RECEIVED HERE ON NOVEMBER 1, 1965. ALTHOUGH YOU MAY HAVE FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT, SUCH CLAIM DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940. BY THE PROVISIONS OF THE STATUTE, IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE TEN-YEAR PERIOD HAS ELAPSED FOR SUCH CLAIM TO BE RECOGNIZED. HENCE, YOUR CLAIM WOULD HAVE TO HAVE BEEN RECEIVED IN THIS OFFICE BEFORE MARCH 30, 1959. ACCORDINGLY, CONSIDERATION OF YOUR CLAIM BY THIS OFFICE IS NOT AUTHORIZED.

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