B-171886, MAR 3, 1971

B-171886: Mar 3, 1971

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MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY THE ACT OF OCTOBER 9. AMACIO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 24. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30. 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 PERIOD PRESCRIBED IN THAT ACT. AS YOU HAVE BEEN ADVISED. THERE IS NO RECORD THAT YOUR LETTER OF AUGUST 25. WAS RECEIVED IN THIS OFFICE. YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 10. THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH CLAIM.

B-171886, MAR 3, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. ZOILO S. AMACIO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 24, 1970, RELATIVE TO YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE IN THE CASE OF YOUR FOSTER SON, THE LATE JOSE A. AMACIO, WHO DIED ON JULY 16, 1946, WHILE A MEMBER OF THE UNITED STATES ARMED FORCES FAR EAST.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30, 1969, FEBRUARY 5, 1970, AND OCTOBER 7, 1970, 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 PERIOD PRESCRIBED IN THAT ACT.

IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE ALLOWED FOR THE REASON THAT YOU WROTE THIS OFFICE CONCERNING YOUR CLAIM ON AUGUST 25, 1953. THE 1940 ACT REQUIRES THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS "RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED." YOUR CLAIM ACCRUED ON JULY 16, 1946, UPON THE DEATH OF YOUR FOSTER SON, AND AS YOU HAVE BEEN ADVISED, THERE IS NO RECORD THAT YOUR LETTER OF AUGUST 25, 1953, WAS RECEIVED IN THIS OFFICE.

SINCE, INSOFAR AS OUR RECORDS SHOW, YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 10, 1969, MORE THAN 10 YEARS AFTER IT FIRST ACCRUED, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH CLAIM.