B-175745, MAY 17, 1972

B-175745: May 17, 1972

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THE APPLICABLE RECORDS SHOW THAT NO AMOUNTS FOR AN ALLOTMENT WERE EVER DEDUCTED FROM CLAIMANT'S PAY. THE CLAIM IS BARRED BY THE PROVISIONS OF 31 U.S.C. 71A. SINCE IT WAS NOT RECEIVED BY GAO WITHIN TEN YEARS FROM THE DATE OF ACCRUAL. JR.: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 24. WE ALSO HAVE YOUR LETTER OF APRIL 16. THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM THE UNITED STATES ARMY ON SEPTEMBER 4. IN CONNECTION WITH AN ALLOTMENT WHICH YOU SAY WAS AUTHORIZED IN FAVOR OF YOUR MOTHER. WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 9. FAVORABLE CONSIDERATION OF YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. SINCE SUCH A CLAIM WAS NOT RECEIVED WITHIN THE 10-YEAR PERIOD REQUIRED BY THE ABOVE-QUOTED STATUTE.

B-175745, MAY 17, 1972

MILITARY PERSONNEL - DEPENDENT ALLOTMENT - BARRING ACT OF 1940 DECISION AFFIRMING PRIOR DISALLOWANCE OF A CLAIM OF MICHAEL PROKOPOWICH, JR., FOR THE PROCEEDS OF AN ALLOTMENT TO HIS MOTHER DURING 1950 WHILE SERVING WITH THE ARMY IN KOREA. THE APPLICABLE RECORDS SHOW THAT NO AMOUNTS FOR AN ALLOTMENT WERE EVER DEDUCTED FROM CLAIMANT'S PAY. FURTHER, THE CLAIM IS BARRED BY THE PROVISIONS OF 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED BY GAO WITHIN TEN YEARS FROM THE DATE OF ACCRUAL. ACCORDINGLY, THE PRIOR DISALLOWANCE MUST BE SUSTAINED.

TO MR. MICHAEL PROKOPOWICH, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 24, 1972, APPEALING THE DISALLOWANCE BY OUR OFFICE ON MARCH 16, 1972, OF YOUR CLAIM FOR THE PROCEEDS OF AN ALLOTMENT TO YOUR MOTHER DURING 1950 WHILE SERVING WITH THE UNITED STATES ARMY IN KOREA. WE ALSO HAVE YOUR LETTER OF APRIL 16, 1972, IN THIS REGARD.

THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM THE UNITED STATES ARMY ON SEPTEMBER 4, 1952, AND THAT YOUR CLAIM, IN CONNECTION WITH AN ALLOTMENT WHICH YOU SAY WAS AUTHORIZED IN FAVOR OF YOUR MOTHER, WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 9, 1971. FAVORABLE CONSIDERATION OF YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, AS CODIFIED IN 31 U.S.C. 71A, WHICH READS IN PERTINENT PART AS FOLLOWS:

"(1) EVERY CLAIM OR DEMAND *** AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE 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."

ANY CLAIM WHICH YOU HAD ACCRUED NOT LATER THAN YOUR DISCHARGE IN 1952, AND SINCE SUCH A CLAIM WAS NOT RECEIVED WITHIN THE 10-YEAR PERIOD REQUIRED BY THE ABOVE-QUOTED STATUTE, YOUR PRESENT CLAIM IS BARRED FROM CONSIDERATION BY THIS OFFICE.

MOREOVER, EVEN IF YOUR CLAIM WERE NOT BARRED BY STATUTE THERE WOULD BE NO AUTHORITY FOR PAYMENT TO YOU. AN EXAMINATION OF YOUR PAY RECORDS INDICATES THAT NO ALLOTMENT TO YOUR MOTHER WAS ENTERED ON SUCH RECORDS AND NO AMOUNTS WERE EVER DEDUCTED FROM YOUR PAY FOR SUCH AN ALLOTMENT. SINCE NO DEDUCTIONS WERE MADE FROM YOUR PAY IN THAT CONNECTION, THERE WOULD BE NO AMOUNT DUE YOU EVEN IF YOUR CLAIM WERE PROPERLY FOR CONSIDERATION.

AS REQUESTED, WE ARE RETURNING YOUR ORIGINAL DISCHARGE DOCUMENT (DD FORM 214).