B-170889, DEC 10, 1970

B-170889: Dec 10, 1970

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WHICH WAS TO BE FORWARDED TO GAO. NUMERIANO BUENTIPO: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12. AS YOU WERE ADVISED IN OUR DECISION OF OCTOBER 16. YOUR CLAIM WAS DISALLOWED DUE TO THE FACT THAT OUR RECORDS SHOW THAT SUCH CLAIM WAS FIRST RECEIVED HERE ON JULY 1. MORE THAN 15 YEARS AFTER YOU WERE DISCHARGED IN 1949. YOU NOW STATE THAT YOUR CLAIM WAS TIMELY FILED AND AS PROOF THEREOF YOU HAVE SUBMITTED A COPY OF A LETTER RELATING TO THIS MATTER ADDRESSED TO SETTLEMENTS OPERATION. IS NOT AMONG THE PAPERS ON FILE IN THIS OFFICE AND WE HAVE NO RECORD OF HAVING RECEIVED SUCH LETTER. WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM.

B-170889, DEC 10, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY DUE TO 10 YEAR BAR UNDER ACT OF OCTOBER 9, 1940. WHERE CLAIMANT TIMELY SUBMITTED CLAIM WITH U.S. ARMY, WHICH WAS TO BE FORWARDED TO GAO, THE ACT OF OCTOBER 9, 1940, BARRING ALL CLAIM AGAINST U.S. COGNIZABLE BY GAO UNLESS RECEIVED AT GAO HAS APPLICATION AND THE ARMY'S FAILURE TO FORWARD THE CLAIM DOES NOT WAIVE THE STATUTORY REQUIREMENTS, AND THE CLAIM CAN NOT BE CONSIDERED.

TO MR. NUMERIANO BUENTIPO:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949.

AS YOU WERE ADVISED IN OUR DECISION OF OCTOBER 16, 1970, B-170889, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM. 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 *** SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED *** ."

YOUR CLAIM WAS DISALLOWED DUE TO THE FACT THAT OUR RECORDS SHOW THAT SUCH CLAIM WAS FIRST RECEIVED HERE ON JULY 1, 1964, MORE THAN 15 YEARS AFTER YOU WERE DISCHARGED IN 1949. YOU NOW STATE THAT YOUR CLAIM WAS TIMELY FILED AND AS PROOF THEREOF YOU HAVE SUBMITTED A COPY OF A LETTER RELATING TO THIS MATTER ADDRESSED TO SETTLEMENTS OPERATION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, UNDER DATE OF NOVEMBER 23, 1957, AND A COPY OF A POSTCARD ACKNOWLEDGING RECEIPT OF YOUR LETTER AND INFORMING YOU THAT SUCH LETTER HAD BEEN REFERRED TO OUR OFFICE FOR DIRECT REPLY TO YOU.

WE REGRET TO ADVISE YOU THAT YOUR LETTER OF NOVEMBER 23, 1957, IS NOT AMONG THE PAPERS ON FILE IN THIS OFFICE AND WE HAVE NO RECORD OF HAVING RECEIVED SUCH LETTER. SINCE THE 1940 BARRING ACT REQUIRES THAT CLAIM MUST BE "RECEIVED" IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD, WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM.

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