B-161094, APR. 4, 1967

B-161094: Apr 4, 1967

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ORING MORA: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 29. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED FEBRUARY 29. YOU WERE ADVISED IN THOSE LETTERS THAT CONSIDERATION OF A CLAIM BY YOU RECEIVED JUNE 9. WAS BARRED BY THE ACT OF OCTOBER 9. THERE IS NO RECORD IN THE GENERAL ACCOUNTING OFFICE OF A CLAIM CONCERNING BACK PAY AND ALLOWANCES DUE YOUR SON PRIOR TO YOUR LETTER RECEIVED ON JUNE 9. IT WAS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM WITHIN THE 10 YEAR LIMITATION PERIOD THERE PRESCRIBED. SINCE YOUR SON WAS DETERMINED TO HAVE DIED ON AUGUST 16. A RIGHT TO ANY BACK PAY AND ALLOWANCES WHICH MAY HAVE BEEN DUE HIM ACCRUED NOT LATER THAN THAT DATE.

B-161094, APR. 4, 1967

TO MRS. ORING MORA:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 29, 1966, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, WHEREIN YOU REQUEST PAYMENT OF BACK PAY AND ALLOWANCES BELIEVED DUE YOUR SON, HADJULA H. BAIRULLA, INCIDENT TO HIS SERVICE IN THE ARMY OF THE UNITED STATES, AT HIS PRESUMED DATE OF DEATH, AUGUST 16, 1946.

OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED FEBRUARY 29, 1960, AND OCTOBER 9, 1961. YOU WERE ADVISED IN THOSE LETTERS THAT CONSIDERATION OF A CLAIM BY YOU RECEIVED JUNE 9, 1959, WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIMS BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

THERE IS NO RECORD IN THE GENERAL ACCOUNTING OFFICE OF A CLAIM CONCERNING BACK PAY AND ALLOWANCES DUE YOUR SON PRIOR TO YOUR LETTER RECEIVED ON JUNE 9, 1959. UNDER THE PROVISIONS OF THE 1940 BARRING ACT, IT WAS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM WITHIN THE 10 YEAR LIMITATION PERIOD THERE PRESCRIBED, IN ORDER FOR IT TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS.

SINCE YOUR SON WAS DETERMINED TO HAVE DIED ON AUGUST 16, 1946, AFTER HAVING BEEN OFFICIALLY REPORTED MISSING IN ACTION THE PREVIOUS YEAR, A RIGHT TO ANY BACK PAY AND ALLOWANCES WHICH MAY HAVE BEEN DUE HIM ACCRUED NOT LATER THAN THAT DATE. SINCE NO CLAIM RELATING TO THIS MATTER WAS RECEIVED BY US UNTIL NEARLY 13 YEARS LATER, CONSIDERATION OF THE CLAIM IS SPECIFICALLY PROHIBITED BY LAW.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IN THIS MATTER IS SUSTAINED.