B-156352, AUG. 3, 1965
Highlights
YOU WERE ADVISED BY LETTERS DATED DECEMBER 15. THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. THE DATE YOU WERE RETIRED. CONCERNING YOUR STATEMENT THAT YOU "HAVE TRIED TO GET THIS MONEY FOR AT LEAST TWELVE YEARS. " YOUR ATTENTION IS AGAIN INVITED TO THE FACT THAT UNDER THE PLAIN TERMS OF THE STATUTE CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMIT PRESCRIBED. IF YOU HAVE PRESENTED A SIMILAR CLAIM TO SOME ARMY OFFICE. THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS.
B-156352, AUG. 3, 1965
TO FIRST LIEUTENANT JAMES ROSEMOND, USA, RETIRED:
YOUR RECENT LETTER FORWARDED HERE BY LETTER DATED JUNE 29, 1965, OF THE OFFICE OF THE ADJUTANT GENERAL, U.S. ARMY RECORDS CENTER, ST. LOUIS, MISSOURI, AGAIN REQUESTS CONSIDERATION OF YOUR CLAIM FOR PAY FOR THE PERIOD OCTOBER 1, 1945, TO JANUARY 1, 1946, INCIDENT TO YOUR SERVICE IN THE U.S. ARMY.
YOU WERE ADVISED BY LETTERS DATED DECEMBER 15, 1964, AND JANUARY 5, 1965, OF OUR CLAIMS DIVISION AND BY OUR DECISION, B-156352 OF APRIL 29, 1965, THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 5 U.S.C. 71A, AS MODIFIED BY SECTION 205 OF THE SOLDIERS' AND SAILORS' RELIEF ACT OF 1940, APPROVED OCTOBER 17, 1940, CH. 888, 54 STAT. 1181, BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED, EXCLUDING THE PERIOD OF YOUR MILITARY SERVICE WHICH ENDED ON DECEMBER 31, 1953, THE DATE YOU WERE RETIRED. YOUR LATEST LETTER PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND AFFORDS NO BASIS FOR MODIFICATION OF OUR EARLIER ACTION IN THIS MATTER. CONCERNING YOUR STATEMENT THAT YOU "HAVE TRIED TO GET THIS MONEY FOR AT LEAST TWELVE YEARS," YOUR ATTENTION IS AGAIN INVITED TO THE FACT THAT UNDER THE PLAIN TERMS OF THE STATUTE CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMIT PRESCRIBED. IF YOU HAVE PRESENTED A SIMILAR CLAIM TO SOME ARMY OFFICE, THAT FACT DOES NOT EXTEND THE 10-YEAR LIMITATION PERIOD.
THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A BARRED CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE PROVISIONS OF THAT STATUTE NOR MAY ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE BE GRANTED. HENCE, WE TRUST YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.