B-165610, DEC. 23, 1968

B-165610, DEC. 23, 1968

TO MR. ALEX N. THOMAS:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTERS CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES AND OTHER BENEFITS BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING THE PERIODS MAY 6, 1918, THROUGH MAY 22, 1919, AND AUGUST 7, 1920, THROUGH NOVEMBER 26, 1921.

OUR RECORDS SHOW THAT IN AN UNDATED LETTER RECEIVED HERE ON AUGUST 1, 1966, FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOU PRESENTED A CLAIM FOR "REENLISTMENT PAY" INCIDENT TO YOUR ENLISTMENT IN THE UNITED STATES ARMY ON AUGUST 7, 1920, AT JEFFERSON BARRACKS, MISSOURI.

SINCE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM NOVEMBER 26, 1921, WHEN YOU WERE DISCHARGED FROM THE ARMY, THE DATE ON WHICH YOUR CLAIM ACCRUED AND THE DATE OF ITS RECEIPT, OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AND ADVISED YOU THAT UNDER THAT ACT YOUR CLAIM WAS BARRED FROM CONSIDERATION. THE ACT OF OCTOBER 9, 1940, AS CODIFIED IN 31 U.S.C. 71A, PROVIDES 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. * *

IN SUBSEQUENT CORRESPONDENCE YOU FURNISHED INFORMATION APPEARING ON YOUR HONORABLE DISCHARGE CERTIFICATE TO THE EFFECT THAT YOU HAD COMPLETED 2 YEARS AND 7 MONTHS OF SERVICE FOR LONGEVITY PAY ON YOUR DATE OF DISCHARGE (NOVEMBER 26, 1921). ON THE BASIS OF THAT INFORMATION YOU PRESENTED A CLAIM FOR LONGEVITY PAY TO WHICH YOU BELIEVED YOU WERE ENTITLED. LETTER DATED JUNE 15, 1967, OUR CLAIMS DIVISION FULLY ADVISED YOU OF THE APPLICATION OF THE 1940 LAW IN YOUR CASE AND INFORMED YOU THAT YOUR CLAIM FOR LONGEVITY PAY OR ANY OTHER CLAIM FOR PAY AND ALLOWANCES INCIDENT TO YOUR SERVICE IN THE ARMED FORCES OF THE UNITED STATES IS BARRED BY THAT LAW. ON OCTOBER 23, 1968, OUR CLAIMS DIVISION AGAIN ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM IS BARRED BY THE 1940 LAW AND THAT THIS OFFICE (U.S. GENERAL ACCOUNTING OFFICE) HAS NO POWER OF DISPENSATION UNDER THAT ACT SO AS TO MAKE AN EXCEPTION IN YOUR CASE.

IN YOUR RECENT CORRESPONDENCE YOU AGAIN FURNISH INFORMATION APPEARING ON YOUR HONORABLE DISCHARGE CERTIFICATE AND YOU AGAIN URGE PAYMENT OF THE AMOUNTS YOU BELIEVE TO BE DUE.

THE SOLE LAW WHICH GOVERNS THE DISPOSITION OF YOUR CLAIM FOR PAY AND ALLOWANCES INCIDENT TO YOUR MILITARY SERVICE IS THE ACT OF OCTOBER 9, 1940, MENTIONED ABOVE. THAT ACT SPECIFICALLY PRECLUDES THIS OFFICE FROM CONSIDERING CLAIMS AGAINST THE UNITED STATES IF THOSE CLAIMS ARE NOT RECEIVED HERE WITHIN THE PRESCRIBED 10-YEAR LIMITATION PERIOD AFTER THE CLAIM FIRST ACCRUED. YOUR CLAIM FOR MILITARY PAY AND ALLOWANCES ACCRUED ON NOVEMBER 26, 1921, THE DATE YOU WERE DISCHARGED FROM YOUR SECOND ENLISTMENT, AND ON AUGUST 1, 1966, OR ALMOST 45 YEARS LATER YOUR CLAIM WAS RECEIVED HERE. SINCE YOUR CLAIM WAS NOT RECEIVED WITHIN THE PRESCRIBED STATUTORY PERIOD OF 10 YEARS WE ARE WITHOUT AUTHORITY TO CONSIDER THAT CLAIM.

CONCERNING THE WORLD WAR I $60 BONUS PROVIDED FOR BY SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, THE RECORD SHOWS THAT THE PAYMENT MADE TO YOU ON DATE OF DISCHARGE FROM YOUR FIRST ENLISTMENT, MAY 22, 1919, INCLUDED THE $60 BONUS ALLOWANCE.

YOUR PRESENT CORRESPONDENCE SUGGESTS THAT YOU ARE PRINCIPALLY CONCERNED ABOUT THE PAYMENTS OF DISABILITY COMPENSATION AND PENSION. CLAIMS FOR DISABILITY COMPENSATION OR PENSION DO NOT COME UNDER THIS OFFICE BUT ARE FOR CONSIDERATION BY THE ADMINISTRATOR OF VETERANS' AFFAIRS. ACCORDINGLY, YOUR COMMUNICATIONS CONCERNING SUCH BENEFITS SHOULD BE ADDRESSED TO THE VETERANS ADMINISTRATION, CENTRAL OFFICE, WASHINGTON, D.C. 20420.

IN VIEW OF THE FOREGOING THERE IS NO FURTHER ACTION WHICH WE MAY TAKE IN THE MATTER.