B-161651, JUN. 13, 1967

B-161651: Jun 13, 1967

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RAFAEL RAMIREZ: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 24. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED SEPTEMBER 14 AND DECEMBER 28. WHEREIN YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE 10-YEAR PERIOD HAS ELAPSED FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. SINCE YOU WERE DISCHARGED FROM THE ARMY ON APRIL 4. ANY CLAIM FOR PAY WHICH YOU MAY HAVE HAD INCIDENT TO SUCH ARMY SERVICE ACCRUED AT LEAST BY THAT DATE AND HAD TO BE RECEIVED IN THIS OFFICE ON OR BEFORE APRIL 4. WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU CONCERNING ACTIVE DUTY PAY AND ALLOWANCES PRIOR TO YOUR LETTER DATED JULY 27.

B-161651, JUN. 13, 1967

TO MR. RAFAEL RAMIREZ:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 24, 1967, TO THE UNITED STATES ARMY FINANCE CENTER, WHICH HAS BEEN FORWARDED TO THIS OFFICE FOR REPLY, WHEREIN YOU CLAIM ADDITIONAL ACTIVE DUTY PAY AND ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO YOUR MILITARY SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING THE KOREAN CONFLICT. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED SEPTEMBER 14 AND DECEMBER 28, 1965, WHEREIN YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A. THAT 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 CLAIM, 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 * * *.'

IN CONNECTION WITH THE ABOVE QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE 10-YEAR PERIOD HAS ELAPSED FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. SINCE YOU WERE DISCHARGED FROM THE ARMY ON APRIL 4, 1953, ANY CLAIM FOR PAY WHICH YOU MAY HAVE HAD INCIDENT TO SUCH ARMY SERVICE ACCRUED AT LEAST BY THAT DATE AND HAD TO BE RECEIVED IN THIS OFFICE ON OR BEFORE APRIL 4, 1963, OR BE BARRED BY THE 1940 ACT. WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU CONCERNING ACTIVE DUTY PAY AND ALLOWANCES PRIOR TO YOUR LETTER DATED JULY 27, 1965, WHICH WAS RECEIVED IN THIS OFFICE ON AUGUST 30, 1965, MORE THAN 12 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PRECLUDED BY LAW, THE ACTION HERETOFORE TAKEN THEREON WAS PROPER.