B-167373, JUL. 17, 1969

B-167373: Jul 17, 1969

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MILITARY - MUSTERING-OUT PAY DECISION SUSTAINING ACTION OF CLAIMS DIVISION HOLDING THAT CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM AIR FORCE IN 1950 IS BARRED UNDER 31 U.S.C. 71A. GAINES: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 7. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 22. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE ABOVE-QUOTED PROVISIONS OF LAW. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE JULY 27. OUR RECORDS SHOW THAT YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON FEBRUARY 12.

B-167373, JUL. 17, 1969

MILITARY - MUSTERING-OUT PAY DECISION SUSTAINING ACTION OF CLAIMS DIVISION HOLDING THAT CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM AIR FORCE IN 1950 IS BARRED UNDER 31 U.S.C. 71A.

TO MR. WILLIAM S. GAINES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 7, 1969, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES AIR FORCE IN 1950.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 22, 1964, AND OCTOBER 2, 1968, IN 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). THE FILING OF A CLAIM WITH SOME OTHER OFFICE OF THE GOVERNMENT DOES NOT STOP THE OPERATION OF THE STATUTE.

CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO 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 CLAIM FOR MUSTERING-OUT PAY, SUCH CLAIM ACCRUED NO LATER THAN YOUR DISCHARGE ON JULY 27, 1950. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE JULY 27, 1960, THE 10TH ANNIVERSARY OF YOUR DISCHARGE. OUR RECORDS SHOW THAT YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON FEBRUARY 12, 1964, WHICH WAS MORE THAN 13 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.