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B-128283, APR. 20, 1961

B-128283 Apr 20, 1961
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ASKING WHETHER YOU AND HIS OTHER GRANDCHILDREN ARE ELIGIBLE TO RECEIVE THE AMOUNTS WHICH YOU BELIEVE TO BE DUE INCIDENT TO HIS SERVICE. WE PREVIOUSLY HAVE CONSIDERED NUMEROUS LETTERS WRITTEN BY YOU OR IN YOUR BEHALF. WE ENDEAVORED TO EXPLAIN TO YOU THAT YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22. WE WERE PROHIBITED FROM CONSIDERING YOUR CLAIM OR ANY OTHER CLAIM THAT MIGHT NOW BE PRESENTED FOR ANY AMOUNT ALLEGED TO BE DUE INCIDENT TO THE ARMY SERVICE OF SOLOMON BLUE DURING THE CIVIL WAR. YOU ARE AGAIN ADVISED THAT YOUR CLAIM IS BARRED BY THE PLAIN PROVISIONS OF THE ACT OF DECEMBER 22. THAT WE ARE NOT AUTHORIZED TO MAKE ANY EXCEPTIONS TO THE PROVISIONS OF THAT ACT OR TO GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MIGHT BE FILED.

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B-128283, APR. 20, 1961

TO MRS. LILLIAN C. CLAY:

THERE HAS BEEN REFERRED TO US FOR APPROPRIATE REPLY YOUR LETTER OF FEBRUARY 1, 1961, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, SAYING THAT YOUR GRANDFATHER, SOLOMON BLUE, SERVED IN THE UNITED STATES ARMY DURING THE CIVIL WAR, AND ASKING WHETHER YOU AND HIS OTHER GRANDCHILDREN ARE ELIGIBLE TO RECEIVE THE AMOUNTS WHICH YOU BELIEVE TO BE DUE INCIDENT TO HIS SERVICE.

WE PREVIOUSLY HAVE CONSIDERED NUMEROUS LETTERS WRITTEN BY YOU OR IN YOUR BEHALF, CONCERNING THIS CASE AND IN OUR LETTER OF JULY 11, 1956, B-128283, WE ENDEAVORED TO EXPLAIN TO YOU THAT YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, 37 STAT. 47, 49, AND THAT, THEREFORE, WE WERE PROHIBITED FROM CONSIDERING YOUR CLAIM OR ANY OTHER CLAIM THAT MIGHT NOW BE PRESENTED FOR ANY AMOUNT ALLEGED TO BE DUE INCIDENT TO THE ARMY SERVICE OF SOLOMON BLUE DURING THE CIVIL WAR. SINCE YOU CONTINUE TO REQUEST THAT WE CONSIDER YOUR CLAIM, YOU ARE AGAIN ADVISED THAT YOUR CLAIM IS BARRED BY THE PLAIN PROVISIONS OF THE ACT OF DECEMBER 22, 1911, AND THAT WE ARE NOT AUTHORIZED TO MAKE ANY EXCEPTIONS TO THE PROVISIONS OF THAT ACT OR TO GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MIGHT BE FILED. IN THE CIRCUMSTANCES, IT APPEARS THAT FURTHER CORRESPONDENCE CONCERNING THE MATTER WILL SERVE NO USEFUL PURPOSE.

CONCERNING THE MATTER OF WHETHER INFORMATION IN THE PAPERS FURNISHED WITH YOUR CLAIM IS SUFFICIENT TO ESTABLISH THAT THE BOUNTY THEN AUTHORIZED BY LAW WAS NOT PAID IN THE CASE OF SOLOMON BLUE, YOU ARE ADVISED THAT EVEN IF IT COULD BE SHOWN THAT NO SUCH PAYMENT WAS MADE AND THAT YOU BECAME ENTITLED TO THE BOUNTY UPON THE DEATH OF YOUR FATHER IN 1920, THERE WOULD BE NO BASIS FOR ANY FURTHER ACTION BY OUR OFFICE.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BARS PAYMENT OF "EVERY CLAIM" AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, WITH CERTAIN EXCEPTIONS NOT MATERIAL HERE, UNLESS SUCH CLAIM "SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL MARCH 10, 1953.

YOUR LETTER OF FEBRUARY 1, 1961, HAS BEEN FILED WITH THE OTHER PAPERS IN THIS CASE. ANY FURTHER LETTERS FROM YOU CONCERNING THIS MATTER WILL BE FILED WITHOUT REPLY.

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