B-150909, DEC. 2, 1969

B-150909, DEC. 2, 1969

TO MR. EDUARDO A. MIGUELINO D-315:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 15, 1969, REQUESTING INFORMATION CONCERNING AN ALLEGED OVERPAYMENT OF $1,081.56 REPORTED TO EXIST IN YOUR ACCOUNT AS A FORMER MEMBER OF THE UNITED STATES NAVY AT THE TIME YOUR ACTIVE DUTY PAY RECORD WAS CLOSED.

THE ALLEGED OVERPAYMENT WAS FIRST MENTIONED IN LETTER DATED MARCH 12, 1963, FROM THE UNITED STATES NAVY FINANCE CENTER, CLEVELAND, OHIO. EFFORTS TO VERIFY THE REPORTED INDEBTEDNESS HAVE NOT BEEN SUCCESSFUL AND NO RECORD OF SUCH INDEBTEDNESS CAN BE FOUND EITHER IN THIS OFFICE OR IN THE NAVY FINANCE CENTER. YOU WERE ADVISED IN OUR LETTER DATED MARCH 25, 1966, THAT THE MENTION OF THE REPORTED OVERPAYMENT WAS NOT INTENDED AS A DEMAND THAT YOU PAY SUCH AMOUNT -- OR ANY AMOUNT -- TO THE UNITED STATES.

WE HAVE FULLY ADVISED YOU SEVERAL TIMES AS TO THE REASONS WHY YOU ARE NOT ENTITLED TO PAY AND ALLOWANCES EITHER FOR THE PERIOD DURING WHICH YOU WERE ABSENT FROM DUTY WITHOUT LEAVE OR THE PERIOD YOU WERE IN NAVAL CUSTODY AFTER EXPIRATION OF YOUR ENLISTMENT. YOU NOW INDICATE THAT YOU BELIEVE YOU ARE ENTITLED TO ARREARS OF PAY AND ALLOWANCES FOR YOUR SERVICE PRIOR TO AUGUST 23, 1949.

YOU SAY THAT YOU ARE REQUESTING VERIFICATION OF THE ALLEGED OVERPAYMENT BECAUSE "IF SUCH REPORT IS TRUE, THEN I WILL BE DEPRIVED OF MY RIGHTS TO CLAIM AND COLLECT PART OF MY SALARIES WHICH WERE LEFT IN THE BOOK, BEFORE MY DISAPPEARANCE FROM THE SERVICE.' HOWEVER, CLAIM FOR PAY AND ALLOWANCES CREDITED TO YOUR ACCOUNT BUT NOT PAID PRIOR TO AUGUST 23, 1949, IS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH PROVIDES IN PERTINENT PART THAT:

"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 * * *.' THE DATE SUCH CLAIM FIRST ACCRUED *

YOUR CLAIM FOR UNPAID SALARY OR ARREARS IN PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON AUGUST 17, 1962. THE MATTER OF PAY ACCRUING PRIOR TO AUGUST 23, 1949, WAS FIRST MENTIONED IN YOUR LETTER OF JANUARY 15, 1963. ANY PAY AND ALLOWANCES TO WHICH YOU MAY HAVE BEEN ENTITLED AT THE TIME OF YOUR UNAUTHORIZED ABSENCE ACCRUED TO YOU PRIOR TO AUGUST 23, 1949, AND IT WAS NECESSARY THAT CLAIM FOR SUCH AMOUNTS BE RECEIVED IN THIS OFFICE ON OR BEFORE AUGUST 23, 1959, IN ORDER TO BE CONSIDERED BY THIS OFFICE. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AUGUST 17, 1962, MORE THAN 12 YEARS AFTER THE DATE OF YOUR DISAPPEARANCE. SINCE CLAIM FOR ANY AMOUNT TO YOUR CREDIT ON AUGUST 23, 1949, WAS NOT RECEIVED IN OUR OFFICE UNTIL AFTER THE EXPIRATION OF 10 YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.

ACCORDINGLY, THERE IS NO ACTION WE LEGALLY MAY TAKE ON A CLAIM FOR SERVICES RENDERED PRIOR TO AUGUST 23, 1949, AND NO AMOUNT IS DUE YOU FOR ANY PERIOD SUBSEQUENT TO THAT DATE. FURTHER CORRESPONDENCE RELATING TO YOUR PAY FOR THOSE PERIODS CAN SERVE NO USEFUL PURPOSE AND ANY SUCH CORRESPONDENCE WHICH MAY BE RECEIVED FROM YOU IN THE FUTURE WILL BE FILED WITHOUT REPLY.