B-167539, AUG. 12, 1969

B-167539, AUG. 12, 1969

MILITARY - BARRED CLAIM DECISION TO CLAIMANT DENYING CLAIM FOR ARREARS OF PAY DUE AS INCIDENT TO SERVICE IN U.S. ARMY FROM JANUARY 16, 1946 TO APRIL 25, 1947. SINCE CLAIM WAS NOT RECEIVED IN GAO UNTIL MORE THAN 10 YEARS AFTER SERVICE IT IS BARRED UNDER 31 U.S.C. 71A.

TO MR. DONALD A. WILBUR:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24, 1969, RECEIVED HERE JULY 10, 1969, BY REFERENCE FROM FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE U.S. ARMY, FROM JANUARY 16, 1946, TO APRIL 25, 1947.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON AUGUST 24, 1959, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WAS RETURNED TO YOU WITH A COPY OF THAT ACT BY LETTER OF OUR CLAIMS DIVISION DATED SEPTEMBER 11, 1959.

THE ACT OF OCTOBER 9, 1940, PROVIDES IN PERTINENT PART THAT:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.' ALSO, SECTION 305 OF THE BUDGET AND ACCOUNTING ACT, 1921, APPROVED JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT:

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT * * * SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

BY LETTERS DATED FEBRUARY 8, 1968, AND MARCH 5, 1968, OUR CLAIMS DIVISION ENDEAVORED TO EXPLAIN TO YOU WHY YOUR CLAIM MAY NOT BE CONSIDERED. YOU WERE ALSO ADVISED THAT THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT MAY NOT BE CONSIDERED SUFFICIENT COMPLIANCE WITH THE 1940 ACT WHICH SPECIFICALLY REQUIRES THAT CLAIMS BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE.

SINCE YOU INDICATE THAT YOU WERE DISCHARGED ON APRIL 25, 1947, IT WAS NECESSARY THAT ANY CLAIM ARISING OUT OF YOUR MILITARY SERVICE BE RECEIVED IN THIS OFFICE ON OR BEFORE APRIL 25, 1957, IN ORDER TO BE CONSIDERED BY US. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AUGUST 24, 1959, MORE THAN 12 YEARS AFTER THE DATE OF YOUR DISCHARGE.

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 PAY BELIEVED TO BE DUE IN CONNECTION WITH YOUR MILITARY SERVICE ACCRUED NO 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.