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B-160161, JUL 18, 1972

B-160161 Jul 18, 1972
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GAO IS WITHOUT AUTHORITY TO CONSIDER THE CLAIM SINCE 31 U.S.C. 71A BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE UNITED STATES GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUES. THE CLAIM IS DENIED. BURTON: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 14. YOUR LETTER WAS FORWARDED TO THIS OFFICE BY THE FINANCE CENTER FOR REPLY. OUR FILE SHOWS THAT YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 17. WHICH ADVISED YOU THAT THIS OFFICE WAS WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE THE ACT OF OCTOBER 9. YOU WERE FURTHER ADVISED IN THE LETTER OF MAY 20. ADDITIONAL CORRESPONDENCE WAS RECEIVED FROM YOU IN 1966. YOUR CLAIM WAS THOROUGHLY REVIEWED BY THIS OFFICE AND BY DECISION B- 160161.

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B-160161, JUL 18, 1972

CLAIMS AGAINST U.S. - TIME BARRED CONCERNING THE CLAIM OF MR. EDWARD E. BURTON FOR ARREARS OF PAY BELIEVED DUE IN CONNECTION WITH HIS SERVICE IN THE UNITED STATES ARMY. AS ADVISED BEFORE, GAO IS WITHOUT AUTHORITY TO CONSIDER THE CLAIM SINCE 31 U.S.C. 71A BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE UNITED STATES GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUES. AS THE ACT DOES NOT PROVIDE GAO WITH ANY AUTHORITY TO MAKE EXCEPTIONS TO THE PROVISIONS OF THAT ACT OR GRANT ANY EXTENSION OF THE TIME LIMITATION, THE CLAIM IS DENIED.

TO MR. EDWARD E. BURTON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 14, 1972, ADDRESSED TO UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED DUE IN CONNECTION WITH YOUR SERVICE IN THE UNITED STATES ARMY FOR THE PERIOD SEPTEMBER 1, 1951, TO DECEMBER 2, 1951, YOUR DATE OF DISCHARGE. ON MAY 12, 1972, YOUR LETTER WAS FORWARDED TO THIS OFFICE BY THE FINANCE CENTER FOR REPLY.

OUR FILE SHOWS THAT YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 17, 1964, AND MAY 20, 1965, WHICH ADVISED YOU THAT THIS OFFICE WAS WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE UNITED STATES GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUES. YOU WERE FURTHER ADVISED IN THE LETTER OF MAY 20, 1965, THAT THE 1940 ACT DOES NOT PROVIDE THIS OFFICE WITH ANY AUTHORITY TO MAKE EXCEPTIONS TO THE PROVISIONS OF THAT ACT OR GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

ADDITIONAL CORRESPONDENCE WAS RECEIVED FROM YOU IN 1966. AS A RESULT, YOUR CLAIM WAS THOROUGHLY REVIEWED BY THIS OFFICE AND BY DECISION B- 160161, DATED OCTOBER 11, 1966, THE ACTION TAKEN BY OUR CLAIMS DIVISION WAS SUSTAINED.

THE HONORABLE CHARLES THONE, HOUSE OF REPRESENTATIVES, BY LETTER DATED SEPTEMBER 2, 1971, WROTE ON YOUR BEHALF CONCERNING THIS MATTER. BY LETTER DATED JANUARY 5, 1972, B-160161, WE ADVISED HIM THAT THE BARRING ACT WAS APPLICABLE TO YOUR CASE SINCE THE EARLIEST CORRESPONDENCE WHICH WE RECEIVED FROM YOU WAS DATED MARCH 30, 1964, AND REFERRED TO THIS OFFICE BY THE ARMY FINANCE CENTER IN NOVEMBER 1964, MORE THAN 12 YEARS AFTER YOUR DISCHARGE.

ADDITIONALLY, MR. THONE WAS ADVISED THAT ASIDE FROM THE APPLICATION OF THE BARRING ACT TO YOUR CLAIM, YOUR CLAIM WAS WITHOUT MERIT. AT HIS REQUEST, WE SECURED TRANSCRIPTS OF YOUR PAY RECORDS FOR THE PERIOD JULY 1, 1950, THROUGH DECEMBER 2, 1951, THE DATE OF YOUR DISCHARGE. THOSE RECORDS SHOWED THAT PAY AND ALLOWANCES ACCRUED TO YOU IN THE AMOUNT OF $4,630.91 DURING THAT PERIOD AND THAT YOUR ACCOUNT WAS CHARGEABLE WITH THE FOLLOWING ITEMS:

CLASS "N" ALLOTMENT

JULY/50 TO NOV/51 $6.60 $ 112.20

CLASS "E" ALLOTMENT

JULY/50 $45.00 45.00

AUG/50 TO NOV/50 $80.00 320.00

SEPT/51 TO NOV/51 $10.00 30.00

CLASS "QP" ALLOTMENT

NOV/50 TO NOV/51 $127.50 1,657.50 $2,164.70

CASH AND CHECK PAYMENTS

TO MEMBER 2,325.01

TAXES WITHHELD 117.60

GOVERNMENT LAUNDRY 18.83

USSH 1.70

AMOUNT OVERPAID JUNE 1951

VOUCHER 3.07

TOTAL CHARGES $4,630.91

THE FOREGOING STATEMENT OF ACCOUNT SHOWS THAT YOU WERE PAID IN FULL DURING THE PERIOD AND THAT ADDITIONAL SUMS WERE NOT DUE YOU. HOWEVER, EVEN IF THE RECORDS SHOWED THAT YOU WERE NOT PAID IN FULL, PAYMENT OF SUCH AMOUNT WOULD NOW BE BARRED BY THE 1940 ACT.

ACCORDINGLY, THERE IS NO FURTHER ACTION WHICH WE CAN TAKE IN THIS MATTER.

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