B-148830, FEB. 20, 1964

B-148830: Feb 20, 1964

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JULIOUS KILLINGSWORTH: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. WHICH WAS FORWARDED HEREBY THE FINANCE CENTER. ADVISED YOU THAT THOSE PROVISIONS OF LAW PRECLUDE US FROM CONSIDERING YOUR CLAIM BECAUSE OF THE FACT THAT IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE PRESCRIBED 10 YEARS AFTER THE DATE IT ACCRUED AND. SUCH CLAIM IS BARRED BY LAW. WE STILL WOULD BE WITHOUT AUTHORITY TO CONSIDER THE CLAIM BECAUSE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE PRESCRIBED 10- YEAR STATUTORY TIME LIMITATION AND. THAT UNDER THE LAW WE HAVE NO AUTHORITY TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE. HENCE WE MUST AGAIN ADVISE YOU THAT YOUR CLAIM IS BARRED BY LAW AND FOR THAT REASON CANNOT BE CONSIDERED ON ITS MERITS.

B-148830, FEB. 20, 1964

TO MR. JULIOUS KILLINGSWORTH:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1963, WHICH WAS FORWARDED HEREBY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AND YOUR LETTER OF JANUARY 13, 1964, NOTIFYING OF A CHANGE OF ADDRESS, IN THE MATTER OF YOUR CLAIM FOR PAY BELIEVED TO BE DUE IN CONNECTION WITH YOUR OVERSEAS SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD MAY 15, 1943, TO DECEMBER 24, 1945.

IN OUR LETTER OF JUNE 8, 1962, B-148830, WE QUOTED IN PERTINENT PART THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT THOSE PROVISIONS OF LAW PRECLUDE US FROM CONSIDERING YOUR CLAIM BECAUSE OF THE FACT THAT IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE PRESCRIBED 10 YEARS AFTER THE DATE IT ACCRUED AND, THEREFORE, SUCH CLAIM IS BARRED BY LAW. WE ALSO ADVISED YOU THAT EVEN IF YOU HAD FILED CLAIMS WITH THE VETERANS ADMINISTRATION AND THE ARMY IN THE YEARS 1948 THROUGH 1953, AS ALLEGED, WE STILL WOULD BE WITHOUT AUTHORITY TO CONSIDER THE CLAIM BECAUSE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE PRESCRIBED 10- YEAR STATUTORY TIME LIMITATION AND, FURTHER, THAT UNDER THE LAW WE HAVE NO AUTHORITY TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE.

YOUR LETTER OF JUNE 26, 1963, CONTAINS NO NEW OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED BY US. HENCE WE MUST AGAIN ADVISE YOU THAT YOUR CLAIM IS BARRED BY LAW AND FOR THAT REASON CANNOT BE CONSIDERED ON ITS MERITS. IN VIEW OF THE FOREGOING ANY FURTHER CORRESPONDENCE REGARDING THIS CLAIM WOULD SERVE NO USEFUL PURPOSE.