B-163070, JAN. 9, 1968

B-163070, JAN. 9, 1968

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION SUSTAINING ACTION OF CLAIMS DIVISION CONCERNING CLAIM OF INDIVIDUAL FOR BACK PAY AND ALLOWANCES ALLEGEDLY DUE AT DATE OF DISCHARGE FROM ARMY, NOV. 17, 1946. SINCE CLAIM FOR PAY AND ALLOWANCES DUE TO DISCHARGE ON NOV. 17, 1946, WAS NOT RECEIVED IN GAO UNTIL MAY 18, 1959, THE ACT OF OCT. 9, 1940, 31 U.S.C. 71A PRECLUDES CONSIDERATION.

TO MR. ALTON BONTON:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED NOVEMBER 16, 1967, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE AT DATE OF YOUR DISCHARGE FROM THE ARMY FOLLOWING WORLD WAR II.

YOU STATE THAT YOUR CLAIM WAS ORIGINALLY FILED WITH THE UNITED STATES ARMY IN 1947, BUT THAT YOU DID NOT RECEIVE A REPLY UNTIL 1959. YOU INDICATE THAT SINCE YOU HAVE NOT RECEIVED ANY FURTHER CORRESPONDENCE, YOU FEEL THAT THE ARMY DOES NOT INTEND TO PAY YOU THE AMOUNT TO WHICH YOU BELIEVE YOU ARE ENTITLED.

A REVIEW OF OUR FILE DISCLOSES THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 8 AND NOVEMBER 13, 1959, SENT TO YOUR THEN ADDRESS, BOX NO. PMB 7206, STEILACOOM, WASHINGTON, ADVISING YOU THAT YOUR CLAIM FOR SUCH PAY WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 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).

CONSIDERATION BY THIS OFFICE OF CLAIMS FOR MILITARY PAY AND ALLOWANCES IS GOVERNED BY THE ABOVE-CITED PROVISIONS OF LAW, WHICH REQUIRE THAT EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS FROM THE DATE THE CLAIM FIRST ACCRUES IS FOREVER BARRED. THE GENERAL ACCOUNTING OFFICE IS NOT AN AGENCY IN, NOR IS IT UNDER THE JURISDICTION OF, THE DEPARTMENT OF THE ARMY.

THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM THE ARMY ON NOVEMBER 17, 1946. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR SERVICE IN THE ARMY, A RIGHT TO THE AMOUNTS INVOLVED WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE. THEREFORE, IN ORDER FOR YOUR CLAIM TO BE CONSIDERED ON ITS MERITS, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE NOVEMBER 17, 1956. OUR FILE SHOWS THAT YOUR CLAIM FOR BACK PAY AND ALLOWANCES WAS FIRST RECEIVED HERE MAY 18, 1959, MORE THAN 12 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.