B-159562, JUL. 11, 1966
Highlights
MCRAE: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 23. WHICH WAS RECENTLY FORWARDED TO THIS OFFICE BY THE VETERANS ADMINISTRATION. CONCERNING YOUR CLAIM FOR BASIC PAY AND COMBAT PAY WHICH YOU CONTEND IS DUE YOU INCIDENT TO YOUR SERVICE IN KOREA WITH THE UNITED STATES ARMY. THE RECORD SHOWS THAT YOU WERE ADVISED BY LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 4 AND APRIL 21. THAT THIS OFFICE WAS WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TEN-YEAR LIMITATION PERIOD PRESCRIBED IN THE ACT OF OCTOBER 9. THAT IS A FACTOR TO BE TAKEN INTO CONSIDERATION IN DETERMINING YOUR RIGHTS IN THIS MATTER. WHICH WAS RECEIVED HERE MARCH 28. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AND SUCH CLAIM WAS NOT FORWARDED FOR OUR CONSIDERATION.
B-159562, JUL. 11, 1966
TO MR. JOSEPH C. MCRAE:
REFERENCE IS MADE TO YOUR LETTER DATED APRIL 23, 1966, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WHICH WAS RECENTLY FORWARDED TO THIS OFFICE BY THE VETERANS ADMINISTRATION, CONCERNING YOUR CLAIM FOR BASIC PAY AND COMBAT PAY WHICH YOU CONTEND IS DUE YOU INCIDENT TO YOUR SERVICE IN KOREA WITH THE UNITED STATES ARMY.
THE RECORD SHOWS THAT YOU WERE ADVISED BY LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 4 AND APRIL 21, 1966, THAT THIS OFFICE WAS WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TEN-YEAR LIMITATION PERIOD PRESCRIBED IN THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A. 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, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'
YOU CONTEND THAT SINCE THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, FAILED TO PROCESS AND PROMPTLY FORWARD TO US THE EARLIER CLAIM YOU FILED IN 1964, THAT IS A FACTOR TO BE TAKEN INTO CONSIDERATION IN DETERMINING YOUR RIGHTS IN THIS MATTER.
THIS OFFICE HAS NO RECORD OF ANY CLAIM PRESENTED ON YOUR BEHALF PRIOR TO YOUR LETTER DATED JANUARY 22, 1966, WHICH WAS RECEIVED HERE MARCH 28, 1966. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AND SUCH CLAIM WAS NOT FORWARDED FOR OUR CONSIDERATION, SUCH ACTION OR LACK OF ACTION COULD NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, IN ANY WAY. BY THE PROVISIONS OF THAT STATUTE, IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE TEN-YEAR PERIOD HAS ELAPSED IF SUCH CLAIM IS TO BE RECOGNIZED. SINCE YOU WERE DISCHARGED FROM THE SERVICE ON MARCH 20, 1955, YOUR CLAIM WOULD HAVE TO HAVE BEEN RECEIVED IN THIS OFFICE ON OR BEFORE MARCH 20, 1965. ACCORDINGLY, CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW AND THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTERS OF APRIL 4 AND APRIL 21, 1966, IS SUSTAINED.