B-159203, JUN. 7, 1966

B-159203: Jun 7, 1966

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WHO WAS KILLED IN ACTION SEPTEMBER 27. WAS REFERRED TO OUR OFFICE FOR CONSIDERATION AND REPLY AS TO THAT CLAIM. AS YOU HAVE BEEN PREVIOUSLY ADVISED. SINCE YOUR CLAIM FOR COMBAT INFANTRYMAN BADGE PAY IS COGNIZABLE BY THIS OFFICE AND WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 12. CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THAT ACT.

B-159203, JUN. 7, 1966

TO MRS. ANN TESTA:

YOUR LETTER TO THE PRESIDENT OF THE UNITED STATES, DATED MARCH 30, 1966, REQUESTING AMONG OTHER THINGS ASSISTANCE IN THE CONSIDERATION OF YOUR CLAIM FOR COMBAT INFANTRYMAN BADGE PAY, BELIEVED TO BE DUE YOUR HUSBAND, THE LATE ANTHONY P. TESTA, PRIVATE, UNITED STATES ARMY, WHO WAS KILLED IN ACTION SEPTEMBER 27, 1944, WAS REFERRED TO OUR OFFICE FOR CONSIDERATION AND REPLY AS TO THAT CLAIM.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH HAD BEEN SENT TO YOU, BARS CLAIMS AGAINST THE UNITED STATES, COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, WITH CERTAIN EXCEPTIONS RELATIVE TO MILITARY SERVICE. SINCE YOUR CLAIM FOR COMBAT INFANTRYMAN BADGE PAY IS COGNIZABLE BY THIS OFFICE AND WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 12, 1963, CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THAT ACT.

WHILE WE APPRECIATE YOUR FEELINGS, NEITHER THIS OFFICE, NOR ANY PUBLIC OFFICIAL, MAY MAKE ANY EXCEPTIONS TO THE ACT OR WAIVE THE APPLICATION OF ITS PROVISIONS IN ANY PARTICULAR CASE, NO MATTER HOW MERITORIOUS THE CASE OF A CLAIMANT MAY APPEAR. ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTERS OF JANUARY 15 AND FEBRUARY 6, 1964, MUST BE SUSTAINED.