B-165383, MAY 13, 1969

B-165383, MAY 13, 1969

TO MR. RAFAEL MEDINA CEPEDA:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9, 1969, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING 1953 AND 1954.

WE HAVE EXPLAINED TO YOU A NUMBER OF TIMES THAT BECAUSE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, BARS EVERY CLAIM SUCH AS YOURS WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, WE HAVE NO AUTHORITY TO CONSIDER YOUR CLAIM. IN YOUR RECENT LETTER YOU INDICATE THE BELIEF THAT THE ACT IS NOT APPLICABLE IN YOUR CASE SINCE YOU ALLEGE THAT YOU FILED CLAIM WITH THE "FINANCE OFFICE, U.S. ARMY, INDIANAPOLIS, INDIANA," WITHIN 2 MONTHS AFTER YOUR DISCHARGE FROM THE SERVICE ON MARCH 3, 1955.

UNDER THE PLAIN TERMS OF THE 1940 ACT, CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THE DATE OF ACCRUAL BEFORE THEY MAY BE CONSIDERED BY THIS OFFICE AND THE FILING OF A CLAIM WITH ANY OTHER AGENCY OR DEPARTMENT OF THE GOVERNMENT SUCH AS THE ARMY FINANCE CENTER DOES NOT SATISFY THE STATUTE OR EXTEND THE 10 YEAR LIMITATION PERIOD.

AS YOU WERE ADVISED IN OUR LETTER OF MARCH 24, 1969, B-165383, SINCE THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER, FURTHER CORRESPONDENCE RELATING THERETO WILL SERVE NO USEFUL PURPOSE. YOUR LETTER OF APRIL 9, 1969, WILL BE PLACED IN THE FILE AND ANY SIMILAR LETTERS RECEIVED FROM YOU IN THE FUTURE CONCERNING THE SAME SUBJECT MATTER WILL BE FILED WITHOUT REPLY.