B-161745, JUL. 20, 1967

B-161745: Jul 20, 1967

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1945 IS BARRED BY THE 10-YEAR STATUTE OF LIMITATIONS. SMITH: REFERENCE IS MADE TO YOUR LETTER OF JULY 12. THE RECORD SHOWS THAT YOU HAVE BEEN ADVISED DIRECTLY AND THROUGH VARIOUS MEMBERS OF CONGRESS THAT THE ACT OF OCTOBER 9. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN THE 10 YEARS ALLOWED BY THE STATUTE. IT IS EXPRESSLY BARRED BY LAW. WILL ESTABLISH THAT YOU DID NOT RECEIVE ALL THE PAY DUE FOR YOUR MILITARY SERVICE. THE FACT THAT YOU MAY NOT HAVE BEEN PAID ALL OF YOUR PAY WOULD NOT AFFORD A BASIS FOR PAYMENT OF YOUR CLAIM SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TIME REQUIRED BY LAW. WILL BE AVAILABLE TO DISCUSS IT WITH YOU BETWEEN THE HOURS OF 9 AND 5:30 MONDAY THROUGH FRIDAY.

B-161745, JUL. 20, 1967

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO CLAIMANT ADVISING THAT CLAIM FOR ARREARS IN PAY INCIDENT TO SERVICE IN ARMY FOR PERIOD MAY 31, 1944 TO AUGUST 12, 1945 IS BARRED BY THE 10-YEAR STATUTE OF LIMITATIONS.

TO MR. FREDERICK M. SMITH:

REFERENCE IS MADE TO YOUR LETTER OF JULY 12, 1967, RELATIVE TO YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE FOR THE PERIOD MAY 31, 1944, TO AUGUST 12, 1945, INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT YOU HAVE BEEN ADVISED DIRECTLY AND THROUGH VARIOUS MEMBERS OF CONGRESS THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' RELIEF ACT OF 1940, 54 STAT. 1181, AS AMENDED, BARS ALL CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED HERE WITHIN 10 YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED AND THAT THE FILING OF A CLAIM WITH ANOTHER AGENCY OF THE GOVERNMENT WITHIN THE 10-YEAR PERIOD DOES NOT MEET THE STATUTORY REQUIREMENT THAT THE CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN THE 10 YEARS ALLOWED BY THE STATUTE, IT IS EXPRESSLY BARRED BY LAW.

IT APPEARS FROM YOUR PRESENT LETTER THAT YOU BELIEVE YOUR SERVICE RECORD, IF LOCATED, WILL ESTABLISH THAT YOU DID NOT RECEIVE ALL THE PAY DUE FOR YOUR MILITARY SERVICE. ON THE BASIS THAT YOU FILED A TIMELY CLAIM THROUGH ARMY AND VETERANS' ADMINISTRATION CHANNELS AND FOLLOWED UPON THOSE CLAIMS, YOU URGE THAT YOUR CLAIM SHOULD BE CONSIDERED EVEN THOUGH IT DID NOT REACH THIS OFFICE.

THE FACT THAT YOU MAY NOT HAVE BEEN PAID ALL OF YOUR PAY WOULD NOT AFFORD A BASIS FOR PAYMENT OF YOUR CLAIM SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TIME REQUIRED BY LAW.

IF YOU DESIRE TO DISCUSS YOUR CLAIM WITH REPRESENTATIVES OF THIS OFFICE, MR. O. B. CARPENTER, ASSISTANT GENERAL COUNSEL, ROOM 7721, BUILDING, 441 G STREET, N. W; WASHINGTON, D. C; WILL BE AVAILABLE TO DISCUSS IT WITH YOU BETWEEN THE HOURS OF 9 AND 5:30 MONDAY THROUGH FRIDAY. PLEASE CONTACT MR. CARPENTER, TELEPHONE NUMBER 386-3617 AND ADVISE HIM OF WHEN YOU PLAN TO CALL.