B-160382, NOV. 18, 1966

B-160382: Nov 18, 1966

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MINNIE LINDSEY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 25. THE CLAIM WAS RETURNED TO YOU WITH ADVICE THAT SINCE IT WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER IT ACCRUED IT WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. EXPLAINED TO YOU THAT SINCE THE CLAIM WAS NOT RECEIVED HEREIN WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED. YOU WERE ADVISED THAT THE FACT THAT YOU HAD FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1956 IS IMMATERIAL SINCE THE STATUTE REQUIRES THAT CLAIMS BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD AND NOT IN SOME OTHER AGENCY OF THE GOVERNMENT. STATING THAT YOUR CLAIM HAS BEEN RECEIVED AND WAS BEING PROCESSED AND ASK THAT WE FOLLOW THROUGH WITH YOUR CLAIM.

B-160382, NOV. 18, 1966

TO MRS. MINNIE LINDSEY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 25, 1966, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION ON YOUR CLAIM FOR ALLOTMENT PAYMENTS BELIEVED TO BE DUE INCIDENT TO THE MILITARY SERVICE OF YOUR HUSBAND, JOHN W. LINDSEY, DURING WORLD WAR II.

ON JULY 12, 1966, THE CLAIM WAS RETURNED TO YOU WITH ADVICE THAT SINCE IT WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER IT ACCRUED IT WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. IN A LETTER OF SEPTEMBER 9, 1966, OUR CLAIMS DIVISION SET OUT THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, AND EXPLAINED TO YOU THAT SINCE THE CLAIM WAS NOT RECEIVED HEREIN WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED, THAT ACT BARRED OUR CONSIDERATION OF THE CLAIM. ALSO, YOU WERE ADVISED THAT THE FACT THAT YOU HAD FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1956 IS IMMATERIAL SINCE THE STATUTE REQUIRES THAT CLAIMS BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD AND NOT IN SOME OTHER AGENCY OF THE GOVERNMENT.

WITH YOUR PRESENT LETTER, YOU ENCLOSED A COPY OF DEPARTMENT OF THE ARMY FORM 209 DATED JULY 3, 1956, FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, STATING THAT YOUR CLAIM HAS BEEN RECEIVED AND WAS BEING PROCESSED AND ASK THAT WE FOLLOW THROUGH WITH YOUR CLAIM.

AS EXPLAINED IN THE LETTER OF SEPTEMBER 9, 1966, THE ACT OF OCTOBER 9, 1940, REQUIRES RECEIPT OF THE CLAIM WITHIN THE 10-YEAR PERIOD IN THE GENERAL ACCOUNTING OFFICE. ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH THE GENERAL ACCOUNTING OFFICE. WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THE STATUTE IN ANY CASE.

SINCE MORE THAN 10 YEARS HAD ELAPSED SINCE YOUR CLAIM FIRST ACCRUED, WE HAVE NO CHOICE BUT TO AGAIN ADVISE YOU THAT WE ARE PRECLUDED BY LAW FROM CONSIDERING IT. ACCORDINGLY, THE ACTION TAKEN ON YOUR CLAIM MUST BE SUSTAINED.