B-171774, JUL 2, 1971
Highlights
SINCE THE CLAIM WAS NOT RECEIVED BY GAO WITHIN THE 10 YEAR LIMIT PRESCRIBED BY THE ACT OF OCT. 9. THERE IS NO LEGAL BASIS UPON WHICH ACTION MAY BE TAKEN. YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 1 AND JUNE 1. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PRESCRIBED IN THAT ACT. YOU AGAIN URGE THAT YOU WERE NOT AWARE OF THE 1940 ACT. THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE 1940 BARRING ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTION WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.
B-171774, JUL 2, 1971
MILITARY PERSONNEL - MUSTERING-OUT PAY REAFFIRMING THE DENIAL OF THE CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO CLAIMANT'S MILITARY SERVICE DURING WORLD WAR II. SINCE THE CLAIM WAS NOT RECEIVED BY GAO WITHIN THE 10 YEAR LIMIT PRESCRIBED BY THE ACT OF OCT. 9, 1940, THERE IS NO LEGAL BASIS UPON WHICH ACTION MAY BE TAKEN.
TO MR. RUBEN C. GATUS:
YOUR LETTERS OF MARCH 2 AND JUNE 2, 1971, MAKE FURTHER INQUIRY RELATIVE TO YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN WORLD WAR II.
YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 1 AND JUNE 1, 1965, AND DECISION B-171774 OF FEBRUARY 10, 1971, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PRESCRIBED IN THAT ACT.
IN YOUR LETTER OF MARCH 2, 1971, YOU AGAIN URGE THAT YOU WERE NOT AWARE OF THE 1940 ACT, AND THEREFORE, THAT IT SHOULD NOT BE APPLIED TO DENY YOUR CLAIM.
THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE 1940 BARRING ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTION WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.
THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940, AND THEREFORE, WE CAN MAKE NO EXCEPTION TO ITS PROVISIONS. SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MARCH 18, 1965, MORE THAN 10 YEARS AFTER YOUR DISCHARGE, YOU ARE AGAIN ADVISED THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.