B-161502, JUN. 7, 1967

B-161502: Jun 7, 1967

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GRADY FRANKLIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4. RELATIVE TO YOUR CLAIM FOR OVERSEAS PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM WHICH YOU WERE DISCHARGED ON OCTOBER 30. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 7. THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT WE WERE PRECLUDED FROM CONSIDERING YOUR CLAIM BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS SENT TO YOU AND WHICH PROVIDES IN PART AS FOLLOWS: "/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * "/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.

B-161502, JUN. 7, 1967

TO MR. GRADY FRANKLIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1967, RELATIVE TO YOUR CLAIM FOR OVERSEAS PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM WHICH YOU WERE DISCHARGED ON OCTOBER 30, 1945.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 7, 1962, AND ON JANUARY 29, 1963, THE CLAIMS DIVISION OF OUR OFFICE ADVISED YOU THAT WE WERE PRECLUDED FROM CONSIDERING YOUR CLAIM BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, A COPY OF WHICH WAS SENT TO YOU AND WHICH PROVIDES IN PART AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * *

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER CONSIDERATION.'

BY LETTER DATED MAY 26, 1964, YOU WERE AGAIN ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE.

PURSUANT TO YOUR REQUEST WE RECONSIDERED THE MATTER AND BY LETTER DATED MARCH 17, 1966, WE AGAIN SET FORTH THE REASONS WHY OUR OFFICE IS PRECLUDED FROM CONSIDERING YOUR CLAIM.

YOUR PRESENT LETTER DOES NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM AND PRESENTS NO BASIS FOR MODIFYING OUR PRIOR ACTION.

AS WE EXPLAINED IN OUR PRIOR LETTERS TO YOU, OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT OF OCTOBER 9, 1940, INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE. THEREFORE, WE HAVE NO LEGAL AUTHORITY TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.

SINCE THE LAW PRECLUDES US FROM GIVING CONSIDERATION TO YOUR CLAIM, FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.

WE TRUST THIS LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY YOUR CLAIM IS BARRED AND MAY NOT BE CONSIDERED.