B-160039, NOV. 2, 1966

B-160039, NOV. 2, 1966

TO MRS. OLA MARIA JACKSON:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED AUGUST 26, 1966, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTER OF AUGUST 17, 1966, WHICH DENIED YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS BELIEVED TO BE DUE YOU INCIDENT TO THE MILITARY SERVICE OF YOUR HUSBAND, ROBERT L. POOL, DURING WORLD WAR II. THERE HAS ALSO BEEN RECEIVED HERE FROM THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, ON AUGUST 22, 1966, ADDITIONAL CORRESPONDENCE FROM YOU CONCERNING THE SAME MATTER.

YOU INDICATE THAT AS THE WIDOW OF ROBERT POOL AND IN VIEW OF YOUR DESTITUTE CIRCUMSTANCES, YOU ARE ENTITLED TO THE FAMILY ALLOWANCE PAYMENTS WHICH YOU NEVER RECEIVED. YOU EXPRESS THE VIEW THAT SINCE YOU DID NOT RECEIVE THE FAMILY ALLOWANCE PAYMENTS, THE MONEY MUST HAVE BEEN STOLEN.

IT APPEARS FROM THE RECORDS BEFORE US THAT MR. POOL SERVED AS AN ENLISTED MAN IN THE ARMY FROM APRIL 30, 1943, TO NOVEMBER 2, 1943.

AS YOU WERE ADVISED BY OUR CLAIMS DIVISION IN LETTER OF AUGUST 17, 1966, YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL MAY 9, 1966, OR APPROXIMATELY 23 YEARS AFTER YOUR HUSBAND WAS DISCHARGED FROM THE ARMY. SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION OF CLAIMS WHICH ARE NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED, AND SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED ON NOVEMBER 2, 1943 (THE DATE YOUR HUSBAND WAS DISCHARGED FROM THE ARMY), WE ARE PRECLUDED BY LAW FROM CONSIDERING THE CLAIM AND NO FURTHER ACTION CAN BE TAKEN BY OUR OFFICE.