B-171614, JAN 19, 1971

B-171614: Jan 19, 1971

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ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED IS BARRED BY THE ACT OF OCTOBER 9. THOMAS DAVIS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 25. ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES ARE AUTHORIZED TO BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. FOR YOUR CLAIM FOR MUSTERING-OUT PAY TO BE CONSIDERED ON ITS MERITS IT MUST HAVE BEEN RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS FROM THE DATE IT ACCRUED. CONSIDERATION OF CLAIMS RECEIVED AFTER THE EXPIRATION OF THE 10-YEAR PERIOD IS BARRED BY THE ACT OF OCTOBER 9. YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON NOVEMBER 26. WHICH IS MORE THAN TEN FULL YEARS FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY.

B-171614, JAN 19, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE UPON DISCHARGE FROM THE U.S. ARMY IN 1949, ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. THOMAS DAVIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 25, 1970, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY IN THE AMOUNT OF $200 BELIEVED DUE YOU UPON DISCHARGE FROM THE UNITED STATES ARMY ON SEPTEMBER 24, 1949. YOU ASK THAT YOUR CLAIM BE RETURNED.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A PROVIDES IN PERTINENT PART AS FOLLOWS:

"(1) 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: ***

"(2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION."

UNDER THE PROVISIONS OF 31 U.S.C. 71, ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES ARE AUTHORIZED TO BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. IN ORDER, HOWEVER, FOR YOUR CLAIM FOR MUSTERING-OUT PAY TO BE CONSIDERED ON ITS MERITS IT MUST HAVE BEEN RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS FROM THE DATE IT ACCRUED, THE DATE OF YOUR DISCHARGE FROM THE ARMY. CONSIDERATION OF CLAIMS RECEIVED AFTER THE EXPIRATION OF THE 10-YEAR PERIOD IS BARRED BY THE ACT OF OCTOBER 9, 1940.

YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON NOVEMBER 26, 1969, WHICH IS MORE THAN TEN FULL YEARS FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY. BY LETTER DATED OCTOBER 8, 1970, YOU WERE ADVISED THAT NO ACTION MAY BE TAKEN ON YOUR CLAIM.

IN A SUBSEQUENT LETTER, YOU SAID THAT THE REASON FOR YOUR DELAY IN FILING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS THAT YOU ONLY FOUND OUT A FEW YEARS AGO, THAT YOU WERE ELIGIBLE FOR BENEFITS BECAUSE OF YOUR SERVICE. HOWEVER, THE ACT OF OCTOBER 9, 1940, MAKES NO EXCEPTION AND GRANTS NO EXTENSION OF TIME WITHIN WHICH A CLAIM MAY BE FILED. THE FACT THAT YOU WERE UNAWARE OF ANY BENEFIT TO WHICH YOU MIGHT HAVE BEEN ENTITLED UNTIL AFTER THE 10-YEAR LIMITATION ON CONSIDERATION OF YOUR CLAIM HAD BECOME EFFECTIVE, PROVIDES NO BASIS FOR ANY EXCEPTION.

ACCORDINGLY, UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY IS BARRED FROM CONSIDERATION. THE CLAIM IS RETURNED TO YOU AS REQUESTED.