B-164129, MAY 24, 1968

B-164129: May 24, 1968

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CUIZON: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 15. YOU WERE ADVISED THAT WE WERE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9. FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SECTION 2 OF THAT ACT WAS ENACTED FOR THE PURPOSE OF ALLOWING A RELATIVELY SMALL NUMBER OF OFFICERS WHO WERE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BECAUSE THEIR ENTITLEMENT WAS ESTABLISHED ONLY AS A RESULT OF A COURT OF CLAIMS DECISION IN 1962. SINCE YOU WERE DISCHARGED ON APRIL 20. WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS.

B-164129, MAY 24, 1968

TO MR. RAMUNDO G. CUIZON:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12, 1968, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 20, 1949.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 15, 1959, AND BY LETTERS OF OUR CLAIMS DIVISION DATED JUNE 29, 1959, APRIL 13, 1961, MARCH 11, 1966, AND JUNE 7, 1967, YOU WERE ADVISED THAT WE WERE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOUR REFERENCE TO A "NEW U.S. PUBLIC" INDICATES A BELIEF ON YOUR PART THAT A NEW LAW HAS EXTENDED THE TIME LIMITATION IMPOSED BY THE 1940 ACT AS TO CLAIMS FOR MUSTERING-OUT PAY. PRESUMABLY YOU REFER TO THE ACT OF JUNE 24, 1965, PUBLIC LAW 89-50, 79 STAT. 173. HOWEVER, SECTION 2 OF THAT ACT WAS ENACTED FOR THE PURPOSE OF ALLOWING A RELATIVELY SMALL NUMBER OF OFFICERS WHO WERE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BECAUSE THEIR ENTITLEMENT WAS ESTABLISHED ONLY AS A RESULT OF A COURT OF CLAIMS DECISION IN 1962, A PERIOD OF TIME IN WHICH TO APPLY FOR AND BE PAID MUSTERING-OUT PAY IN CONNECTION WITH ACTIVE DUTY DURING THE KOREAN CONFLICT. SINCE YOU WERE DISCHARGED ON APRIL 20, 1949, AND APPARENTLY PERFORMED NO DUTY IN KOREA, THAT ACT HAS NO BEARING ON YOUR CASE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTION TO THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. THE ACT PROHIBITS CONSIDERATION BY THIS OFFICE OF ANY CLAIM WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE AND WAS NOT RECEIVED UNTIL AFTER 10 YEARS FOLLOWING SUCH DISCHARGE, CONSIDERATION THEREOF IS FORBIDDEN BY LAW.