B-161422, MAY 19, 1967

B-161422: May 19, 1967

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QUINN: REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 29. THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED MARCH 3. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. YOU NOW CONTEND THAT YOUR PRESENT CLAIM IS NOT BASED ON THE CLAIM RECEIVED IN THIS OFFICE ON DECEMBER 23. RATHER IS BASED ON A CLAIM FORM THAT YOU SUBMITTED TO THE SEPARATION OFFICER AT FORT DEVINS. YOU STATE THAT THIS OFFICER INFORMED YOU THAT YOU WERE NOT ELIGIBLE TO RECEIVE COMBAT DUTY PAY. WHILE IT WAS PROPER FOR YOU TO SUBMIT YOUR CLAIM TO THE APPROPRIATE ARMY DISBURSING OFFICER PRIOR TO YOUR DISCHARGE FROM THE SERVICE. WHEN YOUR CLAIM WAS DISALLOWED ADMINISTRATIVELY.

B-161422, MAY 19, 1967

TO MR. JOHN J. QUINN:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 29, 1967, CONCERNING YOUR CLAIM FOR COMBAT DUTY PAY BELIEVED DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY WHILE SERVING IN KOREA. THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED MARCH 3, 1965, AND SEPTEMBER 22, 1966, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A. THAT ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (THE GENERAL ACCOUNTING OFFICE).

YOU NOW CONTEND THAT YOUR PRESENT CLAIM IS NOT BASED ON THE CLAIM RECEIVED IN THIS OFFICE ON DECEMBER 23, 1964, BUT RATHER IS BASED ON A CLAIM FORM THAT YOU SUBMITTED TO THE SEPARATION OFFICER AT FORT DEVINS, MASSACHUSETTS, A FEW DAYS BEFORE YOUR DISCHARGE FROM THE ARMY IN 1952. YOU STATE THAT THIS OFFICER INFORMED YOU THAT YOU WERE NOT ELIGIBLE TO RECEIVE COMBAT DUTY PAY.

WHILE IT WAS PROPER FOR YOU TO SUBMIT YOUR CLAIM TO THE APPROPRIATE ARMY DISBURSING OFFICER PRIOR TO YOUR DISCHARGE FROM THE SERVICE, SUCH ACTION ON YOUR PART IN NO WAY AFFECTED THE OPERATION OF THE ACT OF OCTOBER 9, 1940. THIS ACT REQUIRES THAT A CLAIM MUST BE RECEIVED IN THIS OFFICE BEFORE THE PRESCRIBED 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR IT TO BE RECOGNIZED AND ITS MERITS CONSIDERED.

WHEN YOUR CLAIM WAS DISALLOWED ADMINISTRATIVELY, IT COULD NOT THEREAFTER BE ALLOWED BY THIS OFFICE UNLESS IT ACTUALLY WAS SUBMITTED HERE FOR OUR CONSIDERATION WITHIN THE 10-YEAR LIMITATION PERIOD. SINCE WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU UNTIL DECEMBER 23, 1964, OVER 12 YEARS AFTER YOUR DISCHARGE, CONSIDERATION THEREOF IS SPECIFICALLY PRECLUDED BY LAW.

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