B-168195, NOV. 5, 1969

B-168195: Nov 5, 1969

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IS AGAIN DENIED. AS 31 U.S.C. 71A PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST UNITED STATES COGNIZABLE BY GAO SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN GAO WITHIN 10 YEARS AFTER ACCRUAL. QUINTANILLA: REFERENCE IS MADE TO LETTER OF APRIL 23. IT APPEARS THAT YOU WERE INDUCTED INTO THE ARMY ON JUNE 9. THAT YOU WERE DISCHARGED ON JULY 28. FOR FAMILY ALLOWANCE DURING YOUR PERIOD OF SERVICE WAS FORWARDED HERE BY THE ARMY FINANCE CENTER AND WAS RECEIVED IN OUR CLAIMS DIVISION ON JANUARY 11. YOU WERE ADVISED THAT THE CLAIM WAS FILED TOO LATE TO RECEIVE CONSIDERATION. THAT SINCE THE CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 11. INSOFAR AS IS HERE MATERIAL THE 1940 ACT PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM.

B-168195, NOV. 5, 1969

STATUTES OF LIMITATION--CLAIMS--FAMILY SEPARATION ALLOWANCE CLAIM OF FORMER MEMBER FOR FAMILY ALLOWANCE INCIDENT TO HIS SERVICE IN UNITED STATES ARMY FROM JUNE 9 TO JULY 28, 1943 (DATE OF DISCHARGE), FIRST RECEIVED BY GENERAL ACCOUNTING OFFICE IN 1961 AND SUBSEQUENTLY DENIED AS FILED TOO LATE TO RECEIVE CONSIDERATION, IS AGAIN DENIED, AS 31 U.S.C. 71A PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST UNITED STATES COGNIZABLE BY GAO SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN GAO WITHIN 10 YEARS AFTER ACCRUAL, AND FILING OF CLAIM WITH WAR DEPARTMENT OR DEPARTMENT OF ARMY WITHIN 10-YEAR PERIOD DOES NOT MEET REQUIREMENTS OF LAW. SEE 32 COMP. GEN. 267 (1952).

TO MR. MANUEL G. QUINTANILLA:

REFERENCE IS MADE TO LETTER OF APRIL 23, 1969, FROM MR. L. R. KRUEGER, BEXAR COUNTY VETERANS SERVICE OFFICER, TO THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WRITTEN ON YOUR BEHALF CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCE INCIDENT TO YOUR SERVICE IN THE ARMY, WHICH HAS BEEN FORWARDED TO THIS OFFICE FOR REPLY.

IT APPEARS THAT YOU WERE INDUCTED INTO THE ARMY ON JUNE 9, 1943, AND THAT YOU WERE DISCHARGED ON JULY 28, 1943. YOUR CLAIM DATED NOVEMBER 18, 1960, FOR FAMILY ALLOWANCE DURING YOUR PERIOD OF SERVICE WAS FORWARDED HERE BY THE ARMY FINANCE CENTER AND WAS RECEIVED IN OUR CLAIMS DIVISION ON JANUARY 11, 1961. ON JANUARY 23, 1961, YOU WERE ADVISED THAT THE CLAIM WAS FILED TOO LATE TO RECEIVE CONSIDERATION.

IN RESPONSE TO HIS INQUIRY ON YOUR CLAIM WE ADVISED THE HONORABLE HENRY S. GONZALEZ, UNITED STATES HOUSE OF REPRESENTATIVES, ON MARCH 14, 1963, THAT SINCE THE CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 11, 1961, THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BARS ANY CONSIDERATION OF SUCH CLAIM.

INSOFAR AS IS HERE MATERIAL THE 1940 ACT PROVIDES THAT 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 THE ADDRESS OF THE CLAIMANT, OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, AND THAT ANY CLAIM BARRED BY THAT ACT RECEIVED IN THE GENERAL ACCOUNTING OFFICE SHALL BE RETURNED TO THE CLAIMANT WITH A COPY OF THAT ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.

WHILE YOU MAY HAVE FILED A CLAIM WITH THE WAR DEPARTMENT OR THE DEPARTMENT OF THE ARMY WITHIN 10 YEARS FROM THE DATE YOUR CLAIM FIRST ACCRUED, OR FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY ON JULY 28, 1943, IT WILL BE OBSERVED THAT THE LAW REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. THE FILING OF YOUR CLAIM WITH THE WAR DEPARTMENT OR THE DEPARTMENT OF THE ARMY DOES NOT MEET THE REQUIREMENTS OF THE LAW. 32 COMP. GEN. 267 (1952). SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JANUARY 11, 1961, MORE THAN 17 YEARS AFTER YOUR DISCHARGE, NO CONSIDERATION CAN BE GIVEN SUCH CLAIM.

IN VIEW OF THE EXPRESS PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBITING CONSIDERATION OF CLAIMS RECEIVED IN THE GENERAL ACCOUNTING OFFICE MORE THAN 10 YEARS AFTER ACCRUAL, THERE IS NO FURTHER ACTION THAT WE MAY TAKE IN THE MATTER.