B-174751, FEB 19, 1974

B-174751, FEB 19, 1974

REQUEST FOR RECONSIDERATION OF CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED DUE ON AND AFTER FEBRUARY 10, 1956, INCIDENT TO CLAIMANT'S SERVICE IN UNITED STATES NAVY, DENIED BY DECISION OF MAY 15, 1972, AGAIN DISALLOWED PURSUANT TO ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WHICH PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST U.S. COGNIZABLE BY GAO IS FOREVER BARRED UNLESS RECEIVED WITHIN 10 FULL YEARS AFTER ACCRUAL DATE. FURTHERMORE, SINCE NO MILITARY SERVICE WAS RENDERED AFTER FEBRUARY 10, 1956, NO AUTHORITY EXISTS FOR PAYMENT OF ADDITIONAL PAY AND ALLOWANCES.

TO MISS DORIS BERGSTROM:

YOUR LETTER DATED JULY 11, 1973, IN EFFECT REQUESTS RECONSIDERATION OF YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE ON AND SUBSEQUENT TO FEBRUARY 10, 1956, THE DATE OF YOUR DISCHARGE FROM THE UNITED STATES NAVY.

IN OUR DECISION B-174751 DATED MAY 15, 1972, COPY ENCLOSED, WE SUSTAINED THE DISALLOWANCE OF YOUR CLAIM BY OUR TRANSPORTATION AND CLAIMS DIVISION BECAUSE YOUR CLAIM FOR PAY AND ALLOWANCES WAS BARRED FROM CONSIDERATION PURSUANT TO THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS CODIFIED IN 31 U.S.C. 71A, SINCE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM THE DATE OF YOUR DISCHARGE ON FEBRUARY 10, 1956, UNTIL THE DATE OF RECEIPT OF YOUR CLAIM BY OUR OFFICE ON FEBRUARY 16, 1971. FURTHERMORE, SINCE YOU RENDERED NO MILITARY SERVICE SUBSEQUENT TO FEBRUARY 10, 1956, WE INDICATED THAT NO AUTHORITY EXISTS FOR PAYMENT TO YOU OF ANY ADDITIONAL PAY AND ALLOWANCES.

AS YOUR CURRENT LETTER DOES NOT PROVIDE NEW OR ADDITIONAL ACCEPTABLE EVIDENCE WHICH WOULD FURNISH A LEGAL BASIS FOR PAYMENT OF YOUR CLAIM FOR PAY AND ALLOWANCES, NO FURTHER ACTION MAY BE TAKEN IN THIS REGARD.

ACCORDINGLY, OUR PRIOR DECISION DISALLOWING YOUR CLAIM MUST BE AFFIRMED.