B-162669, NOV. 9, 1967

B-162669: Nov 9, 1967

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SINCE CLAIM BY FORMER ARMY ENLISTED MEMBER WHO WAS DISCHARGED IN 1943 WAS NOT RECEIVED IN GAO UNTIL 13 YEARS AFTER DATE CLAIM ACCRUED. IT IS BARRED BY ACT OF OCTOBER 9. SICILIA: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. UNDER THAT ACT THE GENERAL ACCOUNTING OFFICE MAY NOT CONSIDER CLAIMS WHICH ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIMS FIRST ACCRUED. OUR RECORDS SHOW THAT YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL JANUARY 11. MORE THAN 13 YEARS AFTER THE DATE IT COULD HAVE ACCRUED. CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THAT ACT AND THIS OFFICE IS WITHOUT AUTHORITY TO TAKE ANY FURTHER ACTION IN THE MATTER.

B-162669, NOV. 9, 1967

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO FORMER ENLISTED MAN CONCERNING CLAIM FOR BACK PAY FOR WORLD WAR II SERVICE. SINCE CLAIM BY FORMER ARMY ENLISTED MEMBER WHO WAS DISCHARGED IN 1943 WAS NOT RECEIVED IN GAO UNTIL 13 YEARS AFTER DATE CLAIM ACCRUED, IT IS BARRED BY ACT OF OCTOBER 9, 1940, FROM CONSIDERATION.

TO MR. VINCENT A. SICILIA:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 21, 1967, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WITH ENCLOSURES, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE AT THE TERMINATION OF YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING WORLD WAR II.

YOU STATE IN YOUR LETTER THAT YOU PREVIOUSLY HAD WRITTEN TO THE HONORABLE EVERETT M. DIRKSEN, UNITED STATES SENATE, CONCERNING YOUR CLAIM AND WE ADVISED THE SENATOR BY LETTER DATED MARCH 12, 1957, THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, PRECLUDED CONSIDERATION OF YOUR CLAIM. UNDER THAT ACT THE GENERAL ACCOUNTING OFFICE MAY NOT CONSIDER CLAIMS WHICH ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIMS FIRST ACCRUED. OUR RECORDS SHOW THAT YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL JANUARY 11, 1957, MORE THAN 13 YEARS AFTER THE DATE IT COULD HAVE ACCRUED. HENCE, CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THAT ACT AND THIS OFFICE IS WITHOUT AUTHORITY TO TAKE ANY FURTHER ACTION IN THE MATTER.

WITH RESPECT TO THE PAPERS ENCLOSED WITH YOUR RECENT LETTER, THEY NEITHER ESTABLISH THE VALIDITY AND NONPAYMENT OF YOUR CLAIM NOR THAT A CLAIM CONCERNING THIS MATTER WAS FILED WITH THIS OFFICE WITHIN THE PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. IN FACT, THE LETTER TO YOU FROM THE U.S. ARMY FINANCE CENTER DATED DECEMBER 21, 1966, INDICATES FULL PAYMENT TO YOU FOR YOUR ARMY SERVICE, SINCE IT WAS STATED THAT YOUR FINAL PAY VOUCHER FOR $71.45 SHOWING PAYMENT FOR THE PERIOD NOVEMBER 1 THROUGH DECEMBER 4, 1943, WAS CORRECTLY COMPUTED. PRESUMABLY, THE HONORABLE ROBERT H. MICHEL, TO WHOM THAT INFORMATION WAS FURNISHED, MAILED YOU A COPY OF THAT VOUCHER. PAYMENT WOULD NOT HAVE BEEN LIMITED TO THAT AMOUNT IF YOUR PAY RECORDS AT THAT TIME HAD SHOWN THAT ADDITIONAL PAY AND ALLOWANCES WERE DUE YOU. NO EVIDENCE IS PRESENTLY AVAILABLE WHICH SHOWS THAT YOU DID NOT RECEIVE PAYMENT FOR ANY PERIOD PRIOR TO NOVEMBER 1, 1943.