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B-151137, APR. 26, 1963

B-151137 Apr 26, 1963
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WILLIAM MIDGETTE: REFERENCE IS MADE TO YOUR LETTER OF MARCH 13. YOU SEEM TO CONSIDER THAT THE LETTER ESTABLISHES THAT SHE FILED A CLAIM FOR "THIS MONEY" WHEN SHE WAS 8 YEARS OLD. YOU WERE ADVISED BY THE CLAIMS DIVISION OF OUR OFFICE IN LETTER OF NOVEMBER 26. THE INFORMATION SO FURNISHED YOU WAS CORRECT. YOU WERE ADVISED BY OUR CLAIMS DIVISION IN LETTERS OF NOVEMBER 26. THAT SINCE YOUR CLAIM FOR PAY BELIEVED TO BE DUE IN YOUR GRANDFATHER'S CASE WAS NOT FILED IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT (NOW THE GENERAL ACCOUNTING OFFICE) ON OR BEFORE DECEMBER 31. SUCH CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22. WE ARE NOT NOW AUTHORIZED TO CONSIDER THE CLAIM. WAS QUOTED IN THE LETTER OF MARCH 5.

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B-151137, APR. 26, 1963

TO MR. WILLIAM MIDGETTE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1963, REQUESTING THAT WE FAVORABLY CONSIDER YOUR CLAIM FOR "PENSION MONEY" WHICH YOU BELIEVE TO BE DUE INCIDENT TO THE SERVICE OF YOUR GRANDFATHER, JAMES ELDEN MIDGETTE, IN THE CIVIL WAR. YOU ENCLOSED A PHOTOCOPY OF A LETTER WRITTEN BY YOUR AUNT, MISS LILLIAN MIDGETT, IN 1932, AND YOU SEEM TO CONSIDER THAT THE LETTER ESTABLISHES THAT SHE FILED A CLAIM FOR "THIS MONEY" WHEN SHE WAS 8 YEARS OLD, WHICH, YOU SAY, HAD TO BE BEFORE 1912.

YOU WERE ADVISED BY THE CLAIMS DIVISION OF OUR OFFICE IN LETTER OF NOVEMBER 26, 1962, THAT ANY INQUIRY WITH REGARD TO PAYMENT OF A PENSION IN YOUR GRANDFATHER'S CASE SHOULD BE ADDRESSED TO THE VETERANS ADMINISTRATION, WASHINGTON, D.C., AS THAT OFFICE HAS JURISDICTION IN SUCH MATTERS. THE INFORMATION SO FURNISHED YOU WAS CORRECT.

ALSO, YOU WERE ADVISED BY OUR CLAIMS DIVISION IN LETTERS OF NOVEMBER 26, 1962, AND MARCH 5, 1963, THAT SINCE YOUR CLAIM FOR PAY BELIEVED TO BE DUE IN YOUR GRANDFATHER'S CASE WAS NOT FILED IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT (NOW THE GENERAL ACCOUNTING OFFICE) ON OR BEFORE DECEMBER 31, 1912, SUCH CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, 37 STAT. 49, AND THAT, THEREFORE, WE ARE NOT NOW AUTHORIZED TO CONSIDER THE CLAIM. THE PERTINENT PART OF THE ACT OF DECEMBER 22, 1911, WAS QUOTED IN THE LETTER OF MARCH 5, 1963, AND NEED NOT BE REPEATED HERE.

IN CONSTRUING THE ACT OF DECEMBER 22, 1911, IT WAS HELD BY THE COMPTROLLER OF THE TREASURY, 19 COMP. DEC. 412, THAT CLAIMS ON ACCOUNT OF THE SERVICES OF AN OFFICER OR ENLISTED MAN OF THE VOLUNTEER ARMY DURING THE CIVIL WAR WHICH WERE PENDING IN THE OFFICE OF THE AUDITOR FOR THE WAR DEPARTMENT ON DECEMBER 31, 1912, MIGHT BE CONSIDERED AND SETTLED, BUT THAT THE FILING OF SUCH A CLAIM BY A SOLDIER, BY HIS HEIRS, OR BY LEGAL REPRESENTATIVES, PRIOR TO DECEMBER 31, 1912, DID NOT AUTHORIZE THE AUDITOR TO RECEIVE OR TO CONSIDER A NEW CLAIM FILED AFTER THAT DATE BY OTHER HEIRS OR BY LEGAL REPRESENTATIVES OF THE SOLDIER. YOUR CLAIM FOR PAY WHICH YOU BELIEVE DUE IN THIS CASE NOT HAVING BEEN FILED BEFORE DECEMBER 31, 1912, WAS A NEW CLAIM, WHICH, BECAUSE OF THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, WE ARE NOT AUTHORIZED TO RECEIVE AND CONSIDER.

FURTHERMORE, 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 FOR PAY BELIEVED TO BE DUE IN YOUR GRANDFATHER'S CASE WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL 1962. HENCE, IT IS ALSO BARRED BY THE ACT OF OCTOBER 9, 1940.

THE ENCLOSURE RECEIVED WITH YOUR LETTER OF MARCH 13, 1963, IS RETURNED AS REQUESTED BY YOU.

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