B-168865, FEB. 16, 1970

B-168865: Feb 16, 1970

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BARRED CLAIM DECISION HOLDING THAT CLAIM FOR PAY INCIDENT TO SERVICE IN ARMY DURING 1942 TO 1943 WHICH CLAIM WAS RECEIVED IN GAO IN NOVEMBER 8. 1963 IS BARRED UNDER 31 U.S.C. 71A. ROBERT JACKSON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30. TO OUR OFFICE HAVE ALSO BEEN RECEIVED. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 8. SINCE YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER IT FIRST ACCRUED. CLAIMS FOR MILITARY PAY ARE GOVERNED BY THIS PROVISION OF THE LAW. SUCH CLAIM WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON JANUARY 11. WHEN YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE. SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW.

B-168865, FEB. 16, 1970

MILITARY--PAY--BARRED CLAIM DECISION HOLDING THAT CLAIM FOR PAY INCIDENT TO SERVICE IN ARMY DURING 1942 TO 1943 WHICH CLAIM WAS RECEIVED IN GAO IN NOVEMBER 8, 1963 IS BARRED UNDER 31 U.S.C. 71A.

TO MR. ROBERT JACKSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30, 1969, TO THE PRESIDENT OF THE UNITED STATES, FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR PAY BELIEVED DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD JULY 24, 1942, TO JANUARY 11, 1943. YOUR LETTER OF DECEMBER 29, 1969, AND YOUR LETTER POSTMARKED JANUARY 21, 1970, TO OUR OFFICE HAVE ALSO BEEN RECEIVED.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 8, 1963. SINCE YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER IT FIRST ACCRUED, OUR CLAIMS DIVISION RETURNED IT TO YOU ON DECEMBER 3, 1963, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 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 * * *."

CLAIMS FOR MILITARY PAY ARE GOVERNED BY THIS PROVISION OF THE LAW, WHICH REQUIRES 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. OUR 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 JANUARY 11, 1943. THUS, YOUR CLAIM HAD TO BE RECEIVED HERE ON OR BEFORE JANUARY 11, 1953, OR BE FOREVER BARRED. MORE THAN 20 YEARS ELAPSED FROM THE DATE OF YOUR DISCHARGE TO NOVEMBER 8, 1963, WHEN YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, WE TRUST YOU WILL UNDERSTAND THAT, REGARDLESS OF ANY EQUITABLE OR OTHER CONSIDERATION, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION MUST BE SUSTAINED.