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B-162212, SEP. 29, 1967

B-162212 Sep 29, 1967
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ACTION IN RETURNING CLAIM RECEIVED MORE THAN 10 YEARS AFTER DISCHARGE IS PROPER. TILLMAN: REFERENCE IS MADE TO YOUR LETTER DATED JULY 28. BECAUSE SUCH CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. WE ADVISED YOU THAT WE WERE RETURNING THE LETTER TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9. BECAUSE THE LETTER WAS RECEIVED MORE THAN 10 YEARS AFTER YOUR CLAIM FIRST ACCRUED. COMMENCING ONE MONTH AFTER YOUR DISCHARGE AND THAT YOU WERE ADVISED THERE WAS NO RECORD OF ANY PREVIOUS CLAIM RECEIVED FROM YOU. YOU AGAIN STATED YOU HAD PREVIOUSLY FILED TIMELY CLAIMS WITH OUR OFFICE AND THE DEPARTMENT OF THE ARMY AND YOU REPEATED THAT STATEMENT IN A LETTER TO SENATOR RUSSELL IN WHICH YOU ALSO SAID THAT YOU WERE "RED LINED" FOR 20 OR 21 MONTHS.

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B-162212, SEP. 29, 1967

ARMED SERVICES - PAY - STALE CLAIM DECISION TO INDIVIDUAL SUSTAINING CLAIMS DIV. ACTION IN RETURNING CLAIM FOR PAY DUE AT DISCHARGE IN 1954, IN ACCORDANCE WITH THE BARRED ACT. IN ABSENCE OF ANY RECORD THAT INDIVIDUAL FILED CLAIM FOR BACK PAY IN GAO WITHIN A MONTH AFTER DISCHARGE, ACTION IN RETURNING CLAIM RECEIVED MORE THAN 10 YEARS AFTER DISCHARGE IS PROPER.

TO MR. JOHN T. TILLMAN:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 28, 1967, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN A LETTER DATED JULY 26, 1967, FROM OUR CLAIMS DIVISION, WHICH SUSTAINED PREVIOUS ACTION TAKEN IN RETURNING YOUR CLAIM FOR PAY BELIEVED DUE YOU AT THE TIME OF YOUR DISCHARGE FROM THE ARMY ON AUGUST 25, 1954, BECAUSE SUCH CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. ALSO, THERE HAS BEEN RECEIVED FROM SENATOR RICHARD B. RUSSELL A REQUEST FOR A REPORT RELATIVE TO YOUR CLAIM.

OUR RECORDS SHOW THAT ON APRIL 5, 1967, WE RETURNED TO YOU A LETTER DATED FEBRUARY 17, 1967, WRITTEN ON YOUR BEHALF BY THE GEORGIA STATE WAR VETERANS HOME, MILLEDGEVILLE, GEORGIA, REQUESTING CONSIDERATION OF YOUR CLAIM FOR BACK PAY BELIEVED DUE ON DISCHARGE FROM THE ARMY ON AUGUST 25, 1954. WE ADVISED YOU THAT WE WERE RETURNING THE LETTER TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BECAUSE THE LETTER WAS RECEIVED MORE THAN 10 YEARS AFTER YOUR CLAIM FIRST ACCRUED.

OUR RECORDS SHOW FURTHER THAT YOU WROTE TO OUR OFFICE SEVERAL TIMES THEREAFTER CONTENDING YOU FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY AS WELL AS WITH OUR OFFICE, COMMENCING ONE MONTH AFTER YOUR DISCHARGE AND THAT YOU WERE ADVISED THERE WAS NO RECORD OF ANY PREVIOUS CLAIM RECEIVED FROM YOU. IN YOUR LETTER DATED JULY 28, 1967, YOU AGAIN STATED YOU HAD PREVIOUSLY FILED TIMELY CLAIMS WITH OUR OFFICE AND THE DEPARTMENT OF THE ARMY AND YOU REPEATED THAT STATEMENT IN A LETTER TO SENATOR RUSSELL IN WHICH YOU ALSO SAID THAT YOU WERE "RED LINED" FOR 20 OR 21 MONTHS.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, BARS CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT MEET THE REQUIREMENTS OF THE STATUTE, WHICH REQUIRES THAT CLAIMS MUST BE TIMELY FILED WITH THE GENERAL ACCOUNTING OFFICE. SEE 32 COMP. GEN. 267, COPY ENCLOSED.

IN VIEW OF YOUR ALLEGATIONS OF HAVING CORRESPONDED WITH OUR OFFICE RELATIVE TO YOUR CLAIM PRIOR TO THE LETTER WRITTEN IN YOUR BEHALF ON FEBRUARY 17, 1967, WE HAVE CAREFULLY SEARCHED OUR FILES FOR ANY RECORD OF A CLAIM FROM YOU, OR ANY LETTERS WRITTEN TO YOU BY OUR OFFICE RELATIVE TO SUCH PAY, PRIOR TO THAT LETTER. HOWEVER, WE HAVE BEEN UNABLE TO LOCATE ANY RECORD OF SUCH PRIOR CORRESPONDENCE. THEREFORE, WE ARE PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, FROM TAKING ANY ACTION ON YOUR CLAIM.

IT MAY BE STATED, THAT EVEN IF YOUR CLAIM HAD BEEN TIMELY FILED YOU WOULD NOT BE ENTITLED TO ANY BACK PAY. IN VIEW OF THE STATEMENT IN YOUR LETTER TO SENATOR RUSSELL THAT YOU WERE "RED INED" FOR 20 OR 21 MONTHS, WE OBTAINED COPIES OF YOUR MILITARY PAY RECORDS COVERING THE PERIOD OF YOUR SERVICE. THESE RECORDS DISCLOSE THAT THROUGHOUT YOUR ACTIVE DUTY FROM AUGUST 22, 1952 THROUGH AUGUST 25, 1954, YOU WERE CURRENTLY PAID THE PAY AND ALLOWANCES PROPERLY DUE YOU. THE FINAL PAYMENT TO YOU ON DISCHARGE INCLUDED PAY AS PRIVATE, FIRST CLASS, CLOTHING MAINTENANCE ALLOWANCE, ACCRUED LEAVE PAY AND ALLOWANCES FOR 32 DAYS, TRAVEL ALLOWANCE FOR THE DISTANCE FROM FORT EUSTIS, VIRGINIA, TO ATLANTA, GEORGIA, AND THE FIRST INSTALLMENT OF YOUR MUSTERING-OUT PAY IN THE AMOUNT OF $100. THE RECORDS SHOW FURTHER THAT THE SECOND AND FINAL INSTALLMENT OF MUSTERING-OUT PAY IN THE AMOUNT OF $100 WAS SUBSEQUENTLY PAID TO YOU.

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