B-166813, MAY 22, 1969

B-166813: May 22, 1969

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PEDRO OLA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 10. YOUR LETTER WAS REFERRED HERE FOR APPROPRIATE ACTION BY THE FINANCE CENTER. YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $50 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 7. WAS RETURNED TO YOU UNDER DATE OF DECEMBER 3. WHICH FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES THAT IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT SINCE MORE THAN 10 YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM FIRST ACCRUED. THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE. CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THE 1940 ACT AND THAT THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE PROVISIONS OF THE STATUTE.

B-166813, MAY 22, 1969

TO MR. PEDRO OLA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 10, 1968, AGAIN REQUESTING PAYMENT OF FINAL INSTALLMENT OF MUSTERING-OUT PAY ALLEGED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 7, 1947. YOUR LETTER WAS REFERRED HERE FOR APPROPRIATE ACTION BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA.

YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $50 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 7, 1957, AND WAS RETURNED TO YOU UNDER DATE OF DECEMBER 3, 1957, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES THAT IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

BY LETTERS DATED OCTOBER 3, 1958, AND JANUARY 16, 1959, YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT SINCE MORE THAN 10 YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM FIRST ACCRUED, APRIL 7, 1947, AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE, NOVEMBER 7, 1957, CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THE 1940 ACT AND THAT THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE PROVISIONS OF THE STATUTE. YOUR LATEST LETTER PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY FURNISHED AND AFFORDS NO BASIS FOR CONSIDERATION OF YOUR CLAIM.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, IS 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 EXCEPTIONS TO THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. SINCE YOUR CLAIM FOR AN ADDITIONAL AMOUNT OF MUSTERING-OUT PAY ACCRUED NOT LATER THAN THE DATE OF YOUR DISCHARGE AND SINCE SUCH CLAIM WAS NOT RECEIVED UNTIL AFTER 10 YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.