B-171185, DEC. 2, 1970

B-171185: Dec 2, 1970

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ACTION IS BARRED ON A CLAIM NOT RECEIVED BY GAO WITHIN THE 10 YEARS ALLOWED BY THE ACT OF OCT 9. FLORES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 3. YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. IT APPEARS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON FEBRUARY 5. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE FEBRUARY 5. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON SEPTEMBER 18. CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.

B-171185, DEC. 2, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING OUT PAY. ACTION IS BARRED ON A CLAIM NOT RECEIVED BY GAO WITHIN THE 10 YEARS ALLOWED BY THE ACT OF OCT 9, 1940, 31 U.S.C. 71A.

TO MR. MATEO F. FLORES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 3, 1970, REQUESTING RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION UNDER DATE OF SEPTEMBER 28, 1967, WITH RESPECT TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE FOLLOWING WORLD WAR II.

IN THE SETTLEMENT LETTER OF SEPTEMBER 28, 1967, YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE CITED ACT OF OCTOBER 9,1940, BARS CONSIDERATION OF CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED IN OUR OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. IT APPEARS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON FEBRUARY 5, 1946. ANY CLAIM THAT YOU HAD FOR MUSTERING-OUT PAY ACCRUED ON THAT DATE. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE FEBRUARY 5, 1956, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON SEPTEMBER 18, 1967, MORE THAN 21 YEARS AFTER THE DATE OF YOUR DISCHARGE, CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.