B-163872, APR. 11, 1968

B-163872: Apr 11, 1968

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JOYNER: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15. YOUR CLAIM WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED NOVEMBER 30. IN WHICH YOU WERE ADVISED THAT SUCH CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATION OF THE BARRING ACT OF OCTOBER 9. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JUNE 5. VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE OCTOBER 20. WE TRUST YOU WILL UNDERSTAND THAT WE ARE PRECLUDED BY LAW FROM CONSIDERING SUCH CLAIM. THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.

B-163872, APR. 11, 1968

TO MR. NORMAN B. JOYNER:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15, 1968, REQUESTING REVIEW OF YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE NAVY FOLLOWING WORLD WAR II.

YOUR CLAIM WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED NOVEMBER 30, 1967, IN WHICH YOU WERE ADVISED THAT SUCH CLAIM WAS BARRED BY 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).

YOU APPEAR TO BE OF THE OPINION THAT DESPITE THE INFORMATION CONTAINED IN THE LETTER OF NOVEMBER 30, 1967, CONCERNING THE EFFECT OF THE 1940 ACT, THE FACT THAT YOU SUBMITTED A CLAIM FOR MUSTERING-OUT PAY TO THE NAVY FINANCE CENTER SHORTLY AFTER YOUR DISCHARGE IN 1946 AND THAT YOU SUBMITTED ADDITIONAL INQUIRIES TO THAT OFFICE SINCE THAT TIME FURNISHES SOME BASIS FOR THE PAYMENT OF YOUR CLAIM.

CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATION OF THE BARRING ACT OF OCTOBER 9, 1940. THE FACT THAT YOU FILED YOUR CLAIM WITH AN AGENCY OF THE FEDERAL GOVERNMENT, OTHER THAN THIS OFFICE, DOES NOT AFFECT THE OPERATION OF THAT ACT IN ANY WAY, IT BEING REQUIRED THAT EVERY CLAIM BE RECEIVED IN THIS OFFICE BEFORE THE 10 YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED.

THE RECORD SHOWS THAT YOU RECEIVED YOUR FINAL DISCHARGE FROM THE NAVY ON JUNE 5, 1946. IN ORDER TO AVOID THE BAR OF THE 1940 ACT, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JUNE 5, 1956. VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE OCTOBER 20, 1967, MORE THAN 21 YEARS AFTER YOUR DISCHARGE, WE TRUST YOU WILL UNDERSTAND THAT WE ARE PRECLUDED BY LAW FROM CONSIDERING SUCH CLAIM.

ACCORDINGLY, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.