B-159562, MAR. 30, 1967
Highlights
MCRAE: REFERENCE IS MADE TO YOUR LETTERS RECEIVED IN THIS OFFICE ON DECEMBER 29. OTHER LETTERS YOU HAVE WRITTEN TO OTHER GOVERNMENT AGENCIES WHICH HAVE BEEN FORWARDED TO US FOR REPLY. THESE CLAIMS WERE THE SUBJECT OF OUR LETTERS DATED JULY 11 AND DECEMBER 1. IN WHICH YOU WERE ADVISED THAT DUE TO THE 10-YEAR BARRING ACT OF OCTOBER 9. THIS OFFICE WAS UNABLE TO CONSIDER THE MERITS OF YOUR CLAIMS. DESPITE THE INFORMATION YOU HAVE RECEIVED AS TO THE EFFECT OF THE ACT OF OCTOBER 9. THAT WE HAVE NO INFORMATION CONCERNING THE MILITARY SERVICE PAY AND ALLOWANCES IF ANY. TO WHICH YOU MAY HAVE BEEN ENTITLED. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR SERVICE IN THE UNITED STATES ARMY. SUCH CLAIMS MUST HAVE BEEN RECEIVED BY US WITHIN THE LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT.
B-159562, MAR. 30, 1967
TO MR. JOSEPH C. MCRAE:
REFERENCE IS MADE TO YOUR LETTERS RECEIVED IN THIS OFFICE ON DECEMBER 29, 1966, FEBRUARY 16 AND MARCH 13, 1967, AND OTHER LETTERS YOU HAVE WRITTEN TO OTHER GOVERNMENT AGENCIES WHICH HAVE BEEN FORWARDED TO US FOR REPLY, CONCERNING YOUR CLAIMS FOR VARIOUS ITEMS OF PAY AND ALLOWANCES WHICH YOU BELIEVE TO BE DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY PRIOR TO YOUR DISCHARGE IN MARCH 1955. THESE CLAIMS WERE THE SUBJECT OF OUR LETTERS DATED JULY 11 AND DECEMBER 1, 1966, IN WHICH YOU WERE ADVISED THAT DUE TO THE 10-YEAR BARRING ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, THIS OFFICE WAS UNABLE TO CONSIDER THE MERITS OF YOUR CLAIMS.
DESPITE THE INFORMATION YOU HAVE RECEIVED AS TO THE EFFECT OF THE ACT OF OCTOBER 9, 1940, YOU CONTINUE TO ASSERT YOUR CLAIMS AND YOU AGAIN REQUEST THAT YOU BE INFORMED AS TO THE AMOUNT DUE YOU.
WE STATED IN OUR LETTER OF DECEMBER 1, 1966, THAT WE HAVE NO INFORMATION CONCERNING THE MILITARY SERVICE PAY AND ALLOWANCES IF ANY, TO WHICH YOU MAY HAVE BEEN ENTITLED. A FURTHER EXAMINATION OF YOUR PAY RECORDS WITH RESPECT TO THIS MATTER WOULD BE WARRANTED ONLY IF PAY ACCRUED TO YOU FOR A PERIOD NOT COVERED BY THE 10-YEAR BARRING ACT OF OCTOBER 9, 1940. IF YOU WERE UNDERPAID DURING ANY PERIOD OF YOUR SERVICE IN THE UNITED STATES ARMY, A RIGHT TO THE AMOUNTS INVOLVED ACCRUED ON OR BEFORE THE DATE OF YOUR DISCHARGE. IN ORDER FOR THIS OFFICE TO RECOGNIZE AND CONSIDER THE MERITS OF YOUR CLAIMS, SUCH CLAIMS MUST HAVE BEEN RECEIVED BY US WITHIN THE LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT, AND IN NO EVENT LATER THAN 10 YEARS AFTER YOU WERE DISCHARGED FROM THE ARMY IN MARCH 1955.
OUR RECORDS DISCLOSE THAT THE FIRST NOTICE THAT WE HAD OF ANY OF YOUR CLAIMS WAS YOUR LETTER OF JANUARY 22, 1966, WHICH WAS RECEIVED IN THIS OFFICE ON MARCH 28, 1966, MORE THAN 11 YEARS AFTER YOUR DISCHARGE.
ACCORDINGLY, SINCE THIS OFFICE IS PROHIBITED BY LAW FROM CONSIDERING ANY OF YOUR CLAIMS INCIDENT TO YOUR ARMY SERVICE, NO FURTHER ACTION MAY BE TAKEN IN THIS MATTER AND OUR DECISIONS OF JULY 11, 1966 AND DECEMBER 1, 1966, ARE SUSTAINED.