B-163542, FEB. 27, 1968

B-163542: Feb 27, 1968

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ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO FORMER ARMY MEMBER ADVISING THAT CLAIM FOR SERVICE FROM 1942 TO 1945 MAY NOT BE CONSIDERED SINCE IT WAS NOT RECEIVED WITHIN 10 YEARS OF DATE OF ACCRUAL. WOODROW HUMPHRIES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 22. IT WAS RETURNED TO YOU ON JUNE 21. THIS ACT EXPRESSLY BARS CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS THEY ARE RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED. SINCE MORE THAN 10 FULL YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM ACCRUED WHEN YOU WERE DISCHARGED FROM THE ARMY ON OCTOBER 8.

B-163542, FEB. 27, 1968

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO FORMER ARMY MEMBER ADVISING THAT CLAIM FOR SERVICE FROM 1942 TO 1945 MAY NOT BE CONSIDERED SINCE IT WAS NOT RECEIVED WITHIN 10 YEARS OF DATE OF ACCRUAL.

TO MR. WOODROW HUMPHRIES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14, 1967, RELATIVE TO YOUR CLAIM FOR PAY BELIEVED TO BE DUE FOR THE YEARS 1942 TO 1945 INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 22, 1967, AND IT WAS RETURNED TO YOU ON JUNE 21, 1967, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THE ACT OF OCTOBER 9, 1940, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.

"SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

THIS ACT EXPRESSLY BARS CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS THEY ARE RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED. SINCE MORE THAN 10 FULL YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM ACCRUED WHEN YOU WERE DISCHARGED FROM THE ARMY ON OCTOBER 8, 1945, AND THE TIME IT WAS FIRST RECEIVED IN OUR OFFICE ON MAY 22, 1967, YOUR CLAIM IS BARRED AND WE HAD NO CHOICE BUT TO RETURN IT TO YOU AS PROVIDED BY LAW.

IN YOUR LETTER OF DECEMBER 14, 1967, YOU SAY THAT AFTER YOU WERE DISCHARGED FROM THE ARMY ON OCTOBER 8, 1945, YOU WERE GIVEN THE ADDRESS OF OUR OFFICE AND THAT IN REPLY TO AN INQUIRY CONCERNING YOUR PAY YOU WERE ADVISED THAT THE RECORDS SHOWED YOU HAD BEEN PAID. YOU ALSO SAY IN YOUR LETTER THAT IN 1955 THE DEMOCRATIC CLUB OF MANHATTAN WROTE TO OUR OFFICE CONCERNING YOUR PAY AND RECEIVED A LETTER STATING THAT YOU HAD BEEN PAID.

THE RECORDS OF OUR OFFICE, HOWEVER, DO NOT SHOW THAT ANY CLAIM FROM YOU, OR OTHER CORRESPONDENCE, RELATIVE TO THE PAY BELIEVED DUE YOU WAS RECEIVED HERE PRIOR TO MAY 22, 1967, THE DATE WE RECEIVED YOUR CLAIM FROM THE DEPARTMENT OF THE ARMY. THE ACT OF OCTOBER 9, 1940, REQUIRES RECEIPT OF THE CLAIM WITHIN THE 10-YEAR PERIOD IN THE GENERAL ACCOUNTING OFFICE. UNLESS, THEREFORE, YOU CAN FURNISH US COPIES OF THE REPLIES WHICH YOU SAY YOU AND THE DEMOCRATIC CLUB OF MANHATTAN RECEIVED, ADVISING THAT YOU HAD BEEN PAID THERE IS NO FURTHER ACTION THAT WE MAY TAKE ON YOUR CLAIM.