B-167127, JUL. 10, 1969

B-167127: Jul 10, 1969

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LAMBERT: REFERENCE IS MADE TO YOUR RECENT LETTERS TO HEADQUARTERS AIR FORCE TRAINING COMMAND. WHICH WERE FORWARDED TO OUR OFFICE FOR REPLY THROUGH THE AIR FORCE ACCOUNTING AND FINANCE CENTER. OUR FILE SHOWS THAT THESE MATTERS WERE THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 30. 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. DESPITE THE INFORMATION YOU HAVE RECEIVED AS TO THE EFFECT OF THE ACT OF OCTOBER 9. WAS CONSIDERED BY THIS OFFICE AND ALLOWED ON JUNE 22. THE ORIGINAL PAY RECORDS COVERING THE PERIOD JANUARY THROUGH JUNE 1945 ARE NOT IN OUR POSSESSION. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR SERVICE IN THE ARMED FORCES OF THE UNITED STATES.

B-167127, JUL. 10, 1969

TO MR. OLIVER G. LAMBERT:

REFERENCE IS MADE TO YOUR RECENT LETTERS TO HEADQUARTERS AIR FORCE TRAINING COMMAND, RANDOLPH AIR FORCE BASE, TEXAS, WHICH WERE FORWARDED TO OUR OFFICE FOR REPLY THROUGH THE AIR FORCE ACCOUNTING AND FINANCE CENTER, CONCERNING YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES DURING YOUR SERVICE IN THE ARMED FORCES OF THE UNITED STATES PRIOR TO YOUR RETIREMENT FROM THE AIR FORCE ON JUNE 30, 1953. THERE HAS ALSO BEEN RECEIVED YOUR LETTER OF JUNE 2, 1969, RELATING TO THIS SAME SUBJECT MATTER.

OUR FILE SHOWS THAT THESE MATTERS WERE THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 30, 1966, MAY 19, 1967, AND JUNE 16, 1967, 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. 243, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE ADJUSTED AND SETTLED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

DESPITE THE INFORMATION YOU HAVE RECEIVED AS TO THE EFFECT OF THE ACT OF OCTOBER 9, 1940, YOU CONTINUE TO ASSERT A CLAIM FOR THESE ITEMS OF PAY AND ALLOWANCES BELIEVED DUE, WITH PARTICULAR REFERENCE MADE TO THE PERIOD JANUARY-JUNE 1945, DURING WHICH TIME YOU CONTEND THAT YOU RECEIVED NO PAY. YOU REQUEST THAT YOUR MILITARY PAY RECORDS BE THOROUGHLY CHECKED TO DETERMINE IF YOUR SIGNATURE APPEARED ON PAY CARDS FOR THAT PERIOD, THUS INDICATING RECEIPT OF SUCH PAY BY YOU.

OUR RECORDS SHOW THAT A CLAIM MADE BY YOU FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS ON ACCOUNT OF YOUR DEPENDENT WIFE FOR THE PERIOD JULY 27, 1943, THROUGH JUNE 20, 1945, WAS CONSIDERED BY THIS OFFICE AND ALLOWED ON JUNE 22, 1949. THE ORIGINAL PAY RECORDS COVERING THE PERIOD JANUARY THROUGH JUNE 1945 ARE NOT IN OUR POSSESSION. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR SERVICE IN THE ARMED FORCES OF THE UNITED STATES, A RIGHT TO THE AMOUNTS INVOLVED ACCRUED ON OR BEFORE THE DATE OF YOUR RETIREMENT FROM THE AIR FORCE. IN ORDER FOR THIS OFFICE TO RECOGNIZE AND CONSIDER ANY ASPECT OF YOUR CLAIM, SUCH CLAIM MUST HAVE BEEN RECEIVED BY US WITHIN THE LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT, AND IN NO EVENT LATER THAN 10 YEARS AFTER YOUR RETIREMENT FROM THE AIR FORCE ON JUNE 30, 1953.

OUR RECORDS SHOW THAT THE FIRST NOTICE WE RECEIVED CONCERNING ANY ITEMS OF PAY AND ALLOWANCES, OTHER THAN YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS, WAS RECEIVED HERE DECEMBER 16, 1966, MORE THAN 13 YEARS AFTER YOUR RETIREMENT.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.