B-174834, JAN 19, 1972

B-174834: Jan 19, 1972

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SINCE THIS CLAIM WAS FIRST RECEIVED MORE THAN 13 YEARS AFTER IT ACCRUED. PAYMENT OF IT IS BARRED BY THE ACT OF OCTOBER 9. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF A LETTER TO YOU FROM OUR CLAIMS DIVISION. IN EACH OF THOSE LETTERS IT WAS EXPLAINED THAT CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL ALLOTMENT PAYMENTS WAS BARRED SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY LAW. SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 2. IT IS BARRED.

B-174834, JAN 19, 1972

BARRED CLAIM - STATUTE OF LIMITATIONS DENIAL OF CLAIM OF FLORENCE FIELDS FOR CLASS Q ALLOTMENT PAYMENTS BELIEVED DUE INCIDENT TO SERVICE IN THE ARMY BY HER SON, HORACE FIELDS, FROM OCTOBER 6, 1950, TO OCTOBER 9, 1952. SINCE THIS CLAIM WAS FIRST RECEIVED MORE THAN 13 YEARS AFTER IT ACCRUED, PAYMENT OF IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, 237, WHICH PROVIDES THAT A CLAIM MUST BE FILED WITHIN 10 FULL YEARS AFTER THE CLAIM FIRST ACCRUED IN ORDER FOR IT TO BE COGNIZABLE BY GAO.

TO MRS. FLORENCE FIELDS:

WE REFER TO YOUR CLAIM ADDRESSED TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING CLASS Q ALLOTMENT PAYMENTS BELIEVED DUE INCIDENT TO THE SERVICE OF YOUR SON, HORACE FIELDS, SERVICE NO. US 52011238, FROM OCTOBER 6, 1950, TO OCTOBER 9, 1952.

THIS MATTER WAS THE SUBJECT OF A LETTER TO YOU FROM OUR CLAIMS DIVISION, DATED DECEMBER 29, 1965, AND OF A LETTER DATED SEPTEMBER 9, 1968, TO THE DIVISION OF VETERANS' AFFAIRS OF THE STATE OF NEW YORK, MONTICELLO, NEW YORK, WHICH HAD SUBMITTED A CLAIM ON YOUR BEHALF. IN EACH OF THOSE LETTERS IT WAS EXPLAINED THAT CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL ALLOTMENT PAYMENTS WAS BARRED SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY LAW.

THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE (WITH CERTAIN EXCEPTIONS NOT APPLICABLE HERE) SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON DECEMBER 2, 1965, MORE THAN 13 YEARS AFTER THE ACCRUAL OF ANY POSSIBLE CLAIM FOR ALLOTMENT PAYMENTS FOR THE PERIOD INVOLVED, IT IS BARRED, AND NO FURTHER ACTION MAY BE TAKEN IN THIS MATTER BY THIS OFFICE.