B-171270, DEC. 8, 1970

B-171270: Dec 8, 1970

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BECAUSE THESE CLAIMS WERE FIRST RECEIVED 23 YEARS AFTER THE DATE OF CLAIMANT'S DISCHARGE THERE IS NO ACTION THAT GAO MAY TAKE ON SUCH CLAIMS AND RELIEF MUST THEREFORE BE DENIED. LUNA: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 17. IT IS ASSUMED THAT YOU REFER TO YOUR CLAIM FOR MUSTERING-OUT PAY AND RELATED CLAIMS FOR BACK PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE FOLLOWING WORLD WAR II. WHICH WAS ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER. WAS FORWARDED TO THIS OFFICE FOR REPLY. YOUR CLAIMS WERE THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED NOVEMBER 26. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9.

B-171270, DEC. 8, 1970

MUSTERING-OUT PAY - STATUTE OF LIMITATION DECISION TO MR. GODOFREDO L. LUNA, DENYING RELIEF OF HIS CLAIM FOR MUSTERING-OUT PAY AND RELATED CLAIMS FOR BACK PAY DUE TO THE BAN OF STATUTE OF LIMITATION. WHERE CLAIMANT SEEKS MUSTERING-OUT PAY AND RELATED BACK PAY INCIDENT TO SERVICE IN WORLD WAR II HE MUST COMPLY WITH THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, WHICH BARS CONSIDERATION OF CLAIMS BY GAO RECEIVED LATER THAN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. BECAUSE THESE CLAIMS WERE FIRST RECEIVED 23 YEARS AFTER THE DATE OF CLAIMANT'S DISCHARGE THERE IS NO ACTION THAT GAO MAY TAKE ON SUCH CLAIMS AND RELIEF MUST THEREFORE BE DENIED.

TO MR. GODOFREDO L. LUNA:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 17, 1970, AND NUMEROUS OTHER LETTERS BEARING EARLIER DATES IN MOST OF WHICH YOU REFER TO "MY CLAIMS" AND REQUEST AN "ANSWER" AS TO THESE MATTERS. IT IS ASSUMED THAT YOU REFER TO YOUR CLAIM FOR MUSTERING-OUT PAY AND RELATED CLAIMS FOR BACK PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE FOLLOWING WORLD WAR II. THE CLAIM FOR MUSTERING-OUT PAY, WHICH WAS ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, UNDER DATE OF MAY 24, 1969, WAS FORWARDED TO THIS OFFICE FOR REPLY.

YOUR CLAIMS WERE THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED NOVEMBER 26, 1969, FEBRUARY 20, 1970, APRIL 27, 1970, AND AUGUST 3, 1970. IN THOSE LETTERS 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 CLAIMS BY THIS OFFICE SINCE THEY WERE NOT RECEIVED HERE WITHIN THE LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE CITED ACT OF OCTOBER 9, 1940, BARS CONSIDERATION OF ANY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF IT IS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. YOU STATE THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON FEBRUARY 20, 1946. ANY CLAIMS THAT YOU HAD FOR MUSTERING-OUT PAY OR BACK PAY AND ALLOWANCES ACCRUED NOT LATER THAN THAT DATE. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIMS BEFORE FEBRUARY 20, 1956, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIMS WERE FIRST RECEIVED HERE ON SEPTEMBER 10, 1969, MORE THAN 23 YEARS AFTER THE DATE OF YOUR DISCHARGE, CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIMS.

IN VIEW OF THE NUMEROUS LETTERS YOU HAVE WRITTEN CONCERNING THIS MATTER, IT APPEARS ADVISABLE TO INFORM YOU THAT FURTHER CORRESPONDENCE RELATING TO YOUR CLAIMS WILL SERVE NO USEFUL PURPOSE. ANY SUCH LETTERS RECEIVED FROM YOU IN THE FUTURE WILL BE FILED WITHOUT REPLY.