B-167372, JUL. 17, 1969

B-167372: Jul 17, 1969

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JONES: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 1. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 9. IN EACH OF WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE ABOVE QUOTED PROVISIONS OF LAW. SUCH CLAIM WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON DECEMBER 13. OUR RECORDS SHOW THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON AUGUST 25. SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW. THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.

B-167372, JUL. 17, 1969

MILITARY - ARREARS OF PAY DECISION TO CLAIMENT SUSTAINING DISALLOWANCE OF CLAIM FOR ARREARS IN PAY INCIDENT TO WORLD WAR II SERVICE BARRED UNDER 31 U.S.C. 71A.

TO MR. BOOKER T. JONES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 1, 1969, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING AND FOLLOWING WORLD WAR II.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 9, 1965, JANUARY 17, 1968, AND AUGUST 26, 1968, IN EACH OF WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION 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, 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 MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE ABOVE QUOTED PROVISIONS OF LAW, WHICH REQUIRE THAT EVERY CLAIM BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. THIS OFFICE MAY NEITHER WAIVE ANY OF THE PROVISIONS OF THAT ACT NOR GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IF YOU HAD A VALID CLAIM FOR BACK PAY DURING ANY PERIOD OF YOUR SERVICE IN THE ARMY, SUCH CLAIM WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON DECEMBER 13, 1945. HENCE, YOUR CLAIM HAD TO BE RECEIVED HERE ON OR BEFORE DECEMBER 13, 1955, OR BE FOREVER BARRED. OUR RECORDS SHOW THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON AUGUST 25, 1965, MORE THAN 19 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.