B-165363, OCT. 17, 1968

B-165363: Oct 17, 1968

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MOSES LORDNUM: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED AUGUST 1 AND AUGUST 17. WHICH WERE FORWARDED TO OUR OFFICE FOR REPLY. YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 11. IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE ABOVE QUOTED PROVISIONS OF LAW. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR ARMY SERVICE. A RIGHT TO THE AMOUNTS INVOLVED WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON APRIL 15. IT WAS NECESSARY FOR SUCH CLAIM TO HAVE BEEN RECEIVED HERE ON OR BEFORE APRIL 15. SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW.

B-165363, OCT. 17, 1968

TO MR. MOSES LORDNUM:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED AUGUST 1 AND AUGUST 17, 1968, ADDRESSED TO THE U.S. ARMY FINANCE CENTER, WHICH WERE FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING PART OF THE PERIOD FROM APRIL 15, 1942, TO APRIL 15, 1947, DATE OF DISCHARGE.

YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 11, 1963, JULY 10, 1963, SEPTEMBER 26, 1963, AND JULY 23, 1968, IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY 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 * * * 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).

CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE ABOVE QUOTED PROVISIONS OF LAW, WHICH BAR CONSIDERATION OF EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUES. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR ARMY SERVICE, A RIGHT TO THE AMOUNTS INVOLVED WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON APRIL 15, 1947. THEREFORE, IN ORDER FOR YOUR CLAIM TO BE CONSIDERED ON ITS MERITS, IT WAS NECESSARY FOR SUCH CLAIM TO HAVE BEEN RECEIVED HERE ON OR BEFORE APRIL 15, 1957. OUR FILE SHOWS THAT WE FIRST RECEIVED NOTICE OF YOUR CLAIM ON MAY 20, 1963, MORE THAN 16 YEARS AFTER YOUR DISCHARGE.

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