B-163502, APR. 19, 1968

B-163502: Apr 19, 1968

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JITO: REFERENCE IS AGAIN MADE TO YOUR LETTER OF DECEMBER 2. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 5. IT WAS RETURNED TO YOU FOR THE REASON THAT IT IS BARRED BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS FURNISHED YOU. FROM OUR CLAIMS DIVISION YOU WERE AGAIN ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE ON WHICH IT ACCRUED (THE DATE OF YOUR DISCHARGE FROM THE SERVICE) AND THE DATE ON WHICH IT WAS FIRST RECEIVED IN THIS OFFICE. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NO ACQUAINTED WITH THE PROVISIONS OF THE MUSTERING-OUT PAY LAW UNTIL LONG AFTER ITS ENACTMENT PROVIDES NO BASIS UPON WHICH THIS OFFICE MAY DISREGARD THE ACT OF OCTOBER 9.

B-163502, APR. 19, 1968

TO MR. VICENTE C. JITO:

REFERENCE IS AGAIN MADE TO YOUR LETTER OF DECEMBER 2, 1967, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN THE USAFFE DURING WORLD WAR II.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 5, 1967, AND ON JULY 10, 1967, IT WAS RETURNED TO YOU FOR THE REASON THAT IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH WAS FURNISHED YOU. THIS ACT PROVIDES IN PERTINENT PART AS FOLLOWS:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. * * *.

"WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

BY LETTER DATED OCTOBER 12, 1967, FROM OUR CLAIMS DIVISION YOU WERE AGAIN ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE ON WHICH IT ACCRUED (THE DATE OF YOUR DISCHARGE FROM THE SERVICE) AND THE DATE ON WHICH IT WAS FIRST RECEIVED IN THIS OFFICE. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NO ACQUAINTED WITH THE PROVISIONS OF THE MUSTERING-OUT PAY LAW UNTIL LONG AFTER ITS ENACTMENT PROVIDES NO BASIS UPON WHICH THIS OFFICE MAY DISREGARD THE ACT OF OCTOBER 9, 1940, AND GIVE YOUR CLAIM CONSIDERATION.

IN YOUR LETTER OF DECEMBER 2, 1967, YOU SAY THAT THE CLAIM OUR OFFICE RECEIVED ON JULY 5, 1967, WAS A FOLLOW-UP CLAIM FOR MUSTERING OUT PAY WHICH WE HAD OVERLOOKED FOR MORE THAN TEN FULL YEARS.

WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU PRIOR TO JULY 5, 1967, WHEN WE RECEIVED YOUR LETTER OF MAY 29, 1967, FROM THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AND SUCH CLAIM WAS NOT FORWARDED FOR OUR CONSIDERATION, SUCH ACTION OR LACK OF ACTION COULD NOT IN ANY WAY AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940. IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE 10-YEAR PERIOD HAS ELAPSED IF SUCH CLAIM IS TO BE RECOGNIZED AND ITS MERITS CONSIDERED.

SINCE YOUR CLAIM ACCRUED AT THE TIME OF YOUR DISCHARGE FROM THE SERVICE AND IT WAS NOT RECEIVED HERE UNTIL JULY 5, 1967, OR MORE THAN 10 YEARS AFTER THAT DATE, IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND WE MAY NOT GIVE IT CONSIDERATION.

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