B-166919, MAY 26, 1969

B-166919: May 26, 1969

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PINEDA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15. IN EFFECT REQUESTING REVIEW OF THE ACTION TAKEN ON YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO ARMY SERVICE STATED TO HAVE BEEN PERFORMED BY YOU DURING WORLD WAR II. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 21. IN EACH OF WHICH YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM IN VIEW OF THE PROHIBITION CONTAINED IN THE ACT OF OCTOBER 9. CLAIMS FOR MUSTERING-OUT PAY ARE GOVERNED BY THE ABOVE-QUOTED PROVISION OF LAW. THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF THESE STATUTORY PROVISIONS DOES NOT IN ANY WAY EFFECT THE OPERATION OF THE ACT.

B-166919, MAY 26, 1969

TO MR. TORIBIO R. PINEDA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15, 1969, IN EFFECT REQUESTING REVIEW OF THE ACTION TAKEN ON YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO ARMY SERVICE STATED TO HAVE BEEN PERFORMED BY YOU DURING WORLD WAR II.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 21, 1968, AND FEBRUARY 24, 1969, IN EACH OF WHICH YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM IN VIEW OF THE PROHIBITION CONTAINED IN THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES 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, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, 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 ADJUSTED AND SETTLED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

CLAIMS FOR MUSTERING-OUT PAY ARE GOVERNED BY THE ABOVE-QUOTED PROVISION OF LAW. THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF THESE STATUTORY PROVISIONS DOES NOT IN ANY WAY EFFECT THE OPERATION OF THE ACT. REQUIRES THAT EVERY CLAIM BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED. THIS OFFICE HAS NO AUTHORITY TO WAIVE ANY OF THE PROVISIONS OF THAT ACT OR TO GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IF YOU HAD A VALID CLAIM FOR MUSTERING-OUT PAY, SUCH CLAIM ACCRUED ON THE DATE OF YOUR DISCHARGE. THEREFORE IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE THE 10TH ANNIVERSARY OF SUCH DISCHARGE. SINCE YOU STATED IN YOUR LETTER OF JUNE 30, 1968, THAT YOU WERE DISCHARGED IN "1946" , THE 10TH ANNIVERSARY OF YOUR DISCHARGE OCCURRED IN 1956. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THIS OFFICE ON AUGUST 19, 1968, WHICH WAS MORE THAN 21 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.