B-165494, NOV. 8, 1968

B-165494: Nov 8, 1968

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BENJAMIN CASTANEDA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 4. YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 6. IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF SUCH CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. YOU HAVE FURNISHED NO EVIDENCE OR INFORMATION WHICH SUPPORTS SUCH ASSERTION. THE FIRST LETTER RECEIVED FROM YOU IS DATED JULY 31. HAVE BEEN PAID. WE HAVE NO KNOWLEDGE OF THE CASES TO WHICH YOU REFER. MUSTERING-OUT PAY AND OTHER PAY AND ALLOWANCES ARISING OUT OF MILITARY SERVICE IN THE ARMED FORCES OF THE UNITED STATES ARE GOVERNED BY THE ABOVE-QUOTED PROVISIONS OF LAW. WHILE IT IS POSSIBLE THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER AGENCY OF THE FEDERAL GOVERNMENT.

B-165494, NOV. 8, 1968

TO MR. BENJAMIN CASTANEDA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 4, 1968, CONCERNING YOUR CLAIM FOR ,OVERSEAS" PAY BELIEVED TO BE DUE IN CONNECTION WITH YOUR MILITARY SERVICE AS A MEMBER OF THE USAFFE DURING WORLD WAR II, AND YOUR LETTER OF JULY 11, 1968, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM SUCH SERVICE IN MARCH 1946.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 6, 1967, AND APRIL 5, 1968, IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF 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 * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCURED * * *.'

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).

WHILE YOU STATE THAT YOU FILED YOUR CLAIMS WITHIN THE 10-YEAR PERIOD PRESCRIBED BY LAW, YOU HAVE FURNISHED NO EVIDENCE OR INFORMATION WHICH SUPPORTS SUCH ASSERTION. THE FIRST LETTER RECEIVED FROM YOU IS DATED JULY 31, 1967. ALSO, YOU INVITE ATTENTION TO SEVERAL SIMILAR CLAIMS WHICH, YOU STATE, HAVE BEEN PAID, INVOLVING VETERANS WHO LIVENEAR YOU.

WE HAVE NO KNOWLEDGE OF THE CASES TO WHICH YOU REFER. ALL CLAIMS FOR OVERSEAS PAY, MUSTERING-OUT PAY AND OTHER PAY AND ALLOWANCES ARISING OUT OF MILITARY SERVICE IN THE ARMED FORCES OF THE UNITED STATES ARE GOVERNED BY THE ABOVE-QUOTED PROVISIONS OF LAW. WHILE IT IS POSSIBLE THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER AGENCY OF THE FEDERAL GOVERNMENT, SUCH ACTION DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, IN ANY WAY. THIS ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED, IT MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED. THIS OFFICE HAS NO AUTHORITY TO WAIVE ANY OF THE PROVISIONS OF THE ACT OR TO GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IF YOU HAD A VALID CLAIM FOR OVERSEAS PAY DURING THE PERIOD INVOLVED OR FOR MUSTERING-OUT PAY, SUCH CLAIMS WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON MARCH 21, 1946. THEREFORE, IN ORDER FOR YOUR CLAIMS TO BE CONSIDERED ON THEIR MERITS, IT WAS NECESSARY FOR THEM TO BE RECEIVED HERE ON OR BEFORE MARCH 21, 1956. THIS OFFICE HAS NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU FOR MUSTERING-OUT PAY PRIOR TO SEPTEMBER 21, 1967, MORE THAN 21 YEARS AFTER YOUR DISCHARGE. YOUR CLAIM FOR OVERSEAS PAY WAS RECEIVED ON SEPTEMBER 27, 1968, MORE THAN 22 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.