B-155890, APR. 27, 1965
Highlights
AGAIN REQUESTING FAVORABLE CONSIDERATION OF YOUR CLAIM FOR REFUND IN THE CASE OF CERTAIN MONTHLY CLASS F FAMILY ALLOWANCE PAYMENTS WHICH INCLUDED $22 MONTHLY DEDUCTIONS FROM YOUR PAY AS AN ENLISTED MEMBER OF THE ARMY DURING WORLD WAR II AND WHICH YOU ALLEGE WERE NOT PAID TO YOUR MOTHER IN THE FULL AMOUNT PRIOR TO HER DEATH ON SEPTEMBER 7. WE EXPLAINED TO YOU THAT REGARDLESS OF THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY PRIOR TO OCTOBER 8. WE ARE PRECLUDED BY THE ACT OF OCTOBER 9. FROM CONSIDERING THAT CLAIM BECAUSE A PERIOD OF OVER 10 YEARS HAD ELAPSED FROM THE DATE IT ACCRUED AND THE DATE IT WAS RECEIVED IN THIS OFFICE. THE UNDERLYING REASON FOR THE APPLICATION OF THAT LAW AND SIMILAR LEGISLATION IS TO BAR CONSIDERATION OF CLAIMS.
B-155890, APR. 27, 1965
TO MR. DECATOR STRONG:
WE ACKNOWLEDGE RECEIPT OF YOUR LETTER OF APRIL 16, 1965, AGAIN REQUESTING FAVORABLE CONSIDERATION OF YOUR CLAIM FOR REFUND IN THE CASE OF CERTAIN MONTHLY CLASS F FAMILY ALLOWANCE PAYMENTS WHICH INCLUDED $22 MONTHLY DEDUCTIONS FROM YOUR PAY AS AN ENLISTED MEMBER OF THE ARMY DURING WORLD WAR II AND WHICH YOU ALLEGE WERE NOT PAID TO YOUR MOTHER IN THE FULL AMOUNT PRIOR TO HER DEATH ON SEPTEMBER 7, 1945.
IN OUR DECISIONS OF MARCH 3 AND APRIL 12, 1965, B-155890, WE EXPLAINED TO YOU THAT REGARDLESS OF THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY PRIOR TO OCTOBER 8, 1964, THE DATE OF RECEIPT OF YOUR CLAIM IN THIS OFFICE, AND REGARDLESS OF HOW MERITORIOUS YOUR CLAIM MAY BE, WE ARE PRECLUDED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, FROM CONSIDERING THAT CLAIM BECAUSE A PERIOD OF OVER 10 YEARS HAD ELAPSED FROM THE DATE IT ACCRUED AND THE DATE IT WAS RECEIVED IN THIS OFFICE. THE UNDERLYING REASON FOR THE APPLICATION OF THAT LAW AND SIMILAR LEGISLATION IS TO BAR CONSIDERATION OF CLAIMS, SUCH AS YOURS WHERE, BECAUSE OF LAPSE OF TIME, THE RECORDS TO PROVE OR DISPROVE THE CLAIM HAVE BEEN DESTROYED PURSUANT TO GENERAL STATUTORY AUTHORITY. ALSO, WE POINTED OUT TO YOU IN OUR DECISIONS THAT THE ACT OF OCTOBER 9, 1940, DOES NOT PERMIT ANY EXCEPTION IN THE APPLICATION OF ITS PROVISIONS IN ANY PARTICULAR CASE.
YOUR LETTER OF APRIL 16, 1965, 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 IT CANNOT BE CONSIDERED ON ITS MERITS. IN VIEW OF THE FOREGOING ANY FURTHER CORRESPONDENCE REGARDING THIS CLAIM WOULD SERVE NO USEFUL PURPOSE AND SUBSEQUENT LETTERS FROM YOU MERELY REITERATING YOUR VIEWS ABOUT THE MATTER WILL BE FILED WITHOUT REPLY.