B-161809, JUL. 5, 1967

B-161809, JUL. 5, 1967

ARMED SERVICES - QUARTERS AND SUBSISTENCE ALLOWANCES DECISION TO CLAIMANT DENYING CLAIM FOR QUARTERS AND SUBSISTENCE ALLOWANCES INCIDENT TO MILITARY SERVICE AS ENLISTED MAN IN US ARMY DURING WORLD WAR II ON BASIS OF 1940 BARRED ACT.

TO MR. FRANCISCO B. REFUGIA:

FURTHER REFERENCE IS MADE TO YOUR LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, DATED APRIL 3, 1967, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, WHEREIN YOU SEEK FURTHER CONSIDERATION OF YOUR CLAIM FOR QUARTERS AND SUBSISTENCE ALLOWANCES INCIDENT TO YOUR MILITARY SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING WORLD WAR II. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS OF OUR CLAIMS DIVISION DATED DECEMBER 30, 1966, AND MARCH 14, 1967, 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).

YOU CONTEND THAT YOU DID SUBMIT A CLAIM FOR QUARTERS AND SUBSISTENCE ALLOWANCES WITHIN THE 10-YEAR PERIOD AND YOU ENCLOSED AS PROOF COPIES OF LETTERS ADDRESSED TO THE U. S. ARMY FINANCE CENTER. HOWEVER, THE FACT THAT YOU FILED A CLAIM WITH THE U. S. ARMY FINANCE CENTER DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, SUPRA. THIS ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED IT MUST BE RECEIVED IN THIS OFFICE BEFORE THE PRESCRIBED 10-YEAR PERIOD HAS ELAPSED.

SINCE YOU WERE DISCHARGED FROM THE ARMY ON MARCH 30, 1947, ANY RIGHT TO ALLOWANCES WHICH YOU MAY HAVE HAD INCIDENT TO SUCH ARMY SERVICE ACCRUED NOT LATER THAN THAT DATE AND A CLAIM THEREFOR RECEIVED IN THIS OFFICE AFTER MARCH 30, 1957, WOULD BE BARRED BY THE 1940 ACT. WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU CONCERNING THIS MATTER PRIOR TO DECEMBER 8, 1966, OVER 19 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, THE ACTION PREVIOUSLY TAKEN ON YOUR CLAIM IS SUSTAINED.