B-166356, APR. 8, 1969

B-166356: Apr 8, 1969

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YOUNG: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT FILED WITHIN THE TIME LIMITATION PRESCRIBED IN SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946. YOU NOW STATE THAT YOU WERE A PATIENT IN THE VETERANS ADMINISTRATION HOSPITAL. IN 1951 AND THAT YOU WERE NEVER ADVISED OF YOUR ENTITLEMENT TO PAY FOR ACCRUED BUT UNUSED WORLD WAR II LEAVE. 1946) WOULD BE MADE "IF APPLICATION IS MADE TO THE SECRETARY NOT LATER THAN SEPTEMBER 1. THAT TIME LIMITATION WAS EXTENDED TO SEPTEMBER 1. WHILE YOU INFER THAT THE 1951 LIMITATION DID NOT APPLY TO YOU FOR THE STATED REASON THAT "TIME OF WAR PAYMENT IS FOR LIFE TIME. " YOUR ATTENTION IS INVITED TO THE FACT THAT UNTIL ENACTMENT OF THE 1946 LEAVE ACT.

B-166356, APR. 8, 1969

TO MR. RAFAEL A. YOUNG:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12, 1969, IN EFFECT, REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF FEBRUARY 4, 1969, WHICH DISALLOWED YOUR CLAIM FOR THE AMOUNT BELIEVED DUE FOR ACCRUED LEAVE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING WORLD WAR II.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT FILED WITHIN THE TIME LIMITATION PRESCRIBED IN SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 963, AS AMENDED, 37 U.S.C. 34 (A) (1952 ED.).

YOU NOW STATE THAT YOU WERE A PATIENT IN THE VETERANS ADMINISTRATION HOSPITAL, BROCKTON, MASSACHUSETTS, IN 1951 AND THAT YOU WERE NEVER ADVISED OF YOUR ENTITLEMENT TO PAY FOR ACCRUED BUT UNUSED WORLD WAR II LEAVE.

THE ARMED FORCES LEAVE ACT OF 1946, AS ORIGINALLY ENACTED, 60 STAT. 963, PROVIDED IN SECTION 5 (A) THAT SETTLEMENT FOR LEAVE ACCRUING TO FORMER ENLISTED MEMBERS OF THE ARMED FORCES DISCHARGED PRIOR TO THE DATE OF ENACTMENT OF THAT ACT (AUGUST 9, 1946) WOULD BE MADE "IF APPLICATION IS MADE TO THE SECRETARY NOT LATER THAN SEPTEMBER 1, 1947.' THAT TIME LIMITATION WAS EXTENDED TO SEPTEMBER 1, 1948, BY THE ACT OF JULY 26, 1947, CH. 344, 61 STAT. 510, AND LATER EXTENDED TO JUNE 30, 1951, BY THE ACT OF APRIL 26, 1950, CH. 105, 64 STAT. 88.

WHILE YOU INFER THAT THE 1951 LIMITATION DID NOT APPLY TO YOU FOR THE STATED REASON THAT "TIME OF WAR PAYMENT IS FOR LIFE TIME," YOUR ATTENTION IS INVITED TO THE FACT THAT UNTIL ENACTMENT OF THE 1946 LEAVE ACT, THERE WAS NO STATUTORY AUTHORITY FOR THE PAYMENT OF COMPENSATION IN LIEU OF ACCRUED LEAVE WHICH WAS UNUSED AT THE TIME OF TERMINATION OF ACTIVE MILITARY SERVICE.

IT WAS ORIGINALLY INTENDED THAT NO PERSON WHO HAD BEEN SEPARATED FROM THE SERVICE PRIOR TO AUGUST 9, 1946, COULD RECEIVE THE RETROACTIVE BENEFITS OF THAT ACT UNLESS APPLICATION THEREFOR WAS MADE BEFORE SEPTEMBER 1, 1947. IN RECOGNITION OF THE PROBABILITY THAT SOME PERSONS MIGHT NOT LEARN OF THE RIGHTS GRANTED THEM UNDER THAT ACT, THE TIME LIMITATION FOR FILING CLAIMS WAS FIRST EXTENDED AN ADDITIONAL YEAR AND FINALLY TO JUNE 30, 1951. WHILE IT IS UNFORTUNATE THAT SOME ELIGIBLE PERSONS LIKE YOURSELF DID NOT LEARN OF THE BENEFITS OF THE 1946 ACT UNTIL A MUCH LATER DATE, THE LAW MAKES NO PROVISION FOR THE PAYMENT OF THEIR CLAIMS.

ACCORDINGLY, SINCE YOU MADE NO CLAIM ON OR BEFORE JUNE 30, 1951, THERE IS NO LEGAL AUTHORITY FOR PAYMENT OF ANY AMOUNT THAT MAY HAVE BEEN DUE YOU UNDER THE 1946 ACT AND FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM WOULD NOT BE APPROPRIATE.