B-165610, OCT. 14, 1969
Highlights
THOMAS: REFERENCE IS MADE TO YOUR LETTER AND ENCLOSURE RECEIVED HERE ON SEPTEMBER 26. IT WAS POINTED OUT IN THOSE DECISIONS THAT THE GOVERNING PROVISION OF LAW. PRECLUDES THIS OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS RECEIVED HERE MORE THAN 10 YEARS AFTER NOVEMBER 26. IT WAS ALSO POINTED OUT THAT THE RECORD SHOWS THAT THE PAYMENT OF THE WORLD WAR I $60 BONUS WAS MADE TO YOU ON DATE OF DISCHARGE FROM YOUR FIRST ENLISTMENT. YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT YOUR CLAIM WAS RECEIVED IN THIS OFFICE AT ANY TIME PRIOR TO OCTOBER 9. THE EFFECTIVE DATE OF THE ABOVE-MENTIONED LAW AND THE LAST DAY ON WHICH YOUR CLAIM WAS REQUIRED TO BE RECEIVED HERE IN ORDER THAT IT COULD BE CONSIDERED ON ITS MERITS.
B-165610, OCT. 14, 1969
TO MR. ALEX N. THOMAS:
REFERENCE IS MADE TO YOUR LETTER AND ENCLOSURE RECEIVED HERE ON SEPTEMBER 26, 1969, PERTAINING TO 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.
IN DECISION OF DECEMBER 23, 1968, WHICH YOU RETURNED WITH YOUR LETTER, AND DECISION OF JANUARY 27, 1969, B-165610, WE FULLY EXPLAINED TO YOU WHY YOUR CLAIM MAY NOT BE CONSIDERED BY THIS OFFICE. IT WAS POINTED OUT IN THOSE DECISIONS THAT THE GOVERNING PROVISION OF LAW, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WITHOUT EXCEPTION, PRECLUDES THIS OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS RECEIVED HERE MORE THAN 10 YEARS AFTER NOVEMBER 26, 1921, THE DATE OF YOUR DISCHARGE FROM YOUR SECOND ENLISTMENT IN THE ARMY AND THE DATE OF ACCRUAL OF YOUR CLAIM. IT WAS ALSO POINTED OUT THAT THE RECORD SHOWS THAT THE PAYMENT OF THE WORLD WAR I $60 BONUS WAS MADE TO YOU ON DATE OF DISCHARGE FROM YOUR FIRST ENLISTMENT, MAY 22, 1919.
YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT YOUR CLAIM WAS RECEIVED IN THIS OFFICE AT ANY TIME PRIOR TO OCTOBER 9, 1940, THE EFFECTIVE DATE OF THE ABOVE-MENTIONED LAW AND THE LAST DAY ON WHICH YOUR CLAIM WAS REQUIRED TO BE RECEIVED HERE IN ORDER THAT IT COULD BE CONSIDERED ON ITS MERITS. IN THIS CONNECTION, OUR RECORDS DO NOT SHOW THAT IT WAS RECEIVED PRIOR TO THAT DATE. IN SUCH CIRCUMSTANCES, YOUR CLAIM IS EXPRESSLY BARRED FROM CONSIDERATION BY THE 1940 LAW BECAUSE IT WAS NOT TIMELY RECEIVED IN THIS OFFICE.
AS STATED IN OUR DECISIONS OF DECEMBER 23, 1968, AND JANUARY 27, 1969, ANY CLAIM FOR INCREASED MONTHLY DISABILITY COMPENSATION OR PENSION SHOULD BE ADDRESSED TO THE VETERANS ADMINISTRATION, CENTRAL OFFICE, WASHINGTON, D.C. 20420, THE AGENCY HAVING SOLE JURISDICTION TO DETERMINE THE VALIDITY OF SUCH CLAIM.
FURTHER CORRESPONDENCE IN THIS MATTER WILL SERVE NO USEFUL PURPOSE. ACCORDINGLY, ANY FUTURE CORRESPONDENCE FROM YOU WHICH FAILS TO SHOW THAT YOU FILED CLAIM IN THIS OFFICE PRIOR TO OCTOBER 9, 1940, WILL BE FILED WITHOUT REPLY.