B-161422, AUG. 22, 1969

B-161422: Aug 22, 1969

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QUINN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 25. THIS MATTER WAS THE SUBJECT OF A DECISION OF THIS OFFICE DATED MAY 19. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. THAT IT WAS PROPER FOR YOU TO SUBMIT A CLAIM TO THE APPROPRIATE ARMY DISBURSING OFFICER PRIOR TO YOUR DISCHARGE FROM THE SERVICE. ALL CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE PROVISIONS OF THAT ACT. YOUR RIGHT TO COMBAT DUTY PAY ACCRUED TO YOU AT THE TIME SUCH DUTY WAS PERFORMED AND WHEN PAYMENT WAS REFUSED BY THE ARMY AT THE TIME OF YOUR DISCHARGE ON SEPTEMBER 11. YOU HAD A CLAIM WHICH WAS COGNIZABLE BY THIS OFFICE. OUR RECORDS SHOW THAT THE FIRST CLAIM FROM YOU RECEIVED IN THIS OFFICE WAS RECEIVED ON DECEMBER 23.

B-161422, AUG. 22, 1969

TO MR. JOHN J. QUINN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 25, 1969, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WHICH HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR COMBAT DUTY PAY BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY WHILE SERVING IN KOREA.

THIS MATTER WAS THE SUBJECT OF A DECISION OF THIS OFFICE DATED MAY 19, 1967, B-161422, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

YOU CONTEND NOW, AS YOU DID IN EARLIER CORRESPONDENCE, THAT SINCE YOU FILED A TIMELY CLAIM WITH APPROPRIATE ARMY AUTHORITY AT THE TIME OF YOUR SEPARATION FROM MILITARY SERVICE IN SEPTEMBER 1952, YOU SHOULD BE PAID THE AMOUNT INVOLVED.

WE STATED IN OUR DECISION OF MAY 19, 1967, THAT IT WAS PROPER FOR YOU TO SUBMIT A CLAIM TO THE APPROPRIATE ARMY DISBURSING OFFICER PRIOR TO YOUR DISCHARGE FROM THE SERVICE, BUT THAT SUCH ACTION ON YOUR PART IN NO WAY AFFECTED THE OPERATION OF THE ACT OF OCTOBER 9, 1940. ALL CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE PROVISIONS OF THAT ACT, WHICH REQUIRE THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY OUR OFFICE BE RECEIVED HERE BEFORE THE PRESCRIBED 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. THIS OFFICE MAY NEITHER WAIVE ANY OF THE PROVISIONS OF THAT ACT NOR GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

YOUR RIGHT TO COMBAT DUTY PAY ACCRUED TO YOU AT THE TIME SUCH DUTY WAS PERFORMED AND WHEN PAYMENT WAS REFUSED BY THE ARMY AT THE TIME OF YOUR DISCHARGE ON SEPTEMBER 11, 1952, YOU HAD A CLAIM WHICH WAS COGNIZABLE BY THIS OFFICE. HOWEVER, IN ORDER FOR YOUR CLAIM TO BE CONSIDERED HERE IT HAD TO BE SUBMITTED TO THIS OFFICE WITHIN THE 10 YEAR LIMITATION PERIOD OR BE FOREVER BARRED. OUR RECORDS SHOW THAT THE FIRST CLAIM FROM YOU RECEIVED IN THIS OFFICE WAS RECEIVED ON DECEMBER 23, 1964, MORE THAN 12 YEARS AFTER YOUR DISCHARGE.

YOUR LETTER OF JUNE 25, 1969, PRESENTS NO MATTERS NOT PREVIOUSLY CONSIDERED AND ACCORDINGLY, WE MUST ADHERE TO OUR DECISION OF MAY 19, 1967.