B-152564, OCT. 10, 1963
Highlights
TUCCALAY: WE HAVE RECEIVED FROM THE FINANCE CENTER. WHICH YOU SAY WAS THE DATE OF YOUR DISCHARGE. SINCE YOUR CLAIM FOR FAMILY ALLOWANCE BENEFITS WAS NOT RECEIVED IN OUR OFFICE UNTIL SEPTEMBER 30. SUCH CLAIM WAS THEN BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9. YOUR CLAIM WAS. WE ARE PROHIBITED FROM CONSIDERING A CLAIM FROM YOU FOR FAMILY ALLOWANCE BENEFITS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD WHICH ENDED JULY 15. YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.
B-152564, OCT. 10, 1963
TO MR. VIRGILIO N. TUCCALAY:
WE HAVE RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOUR LETTER OF MAY 24, 1962, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, AND YOUR LETTER OF MAY 21, 1963, ADDRESSED TO THE COMMANDING GENERAL OF THE FINANCE CENTER, TOGETHER WITH THE AFFIDAVIT WHICH ACCOMPANIED THAT LETTER, REGARDING YOUR CLAIM FOR FAMILY ALLOWANCE BENEFITS WHICH YOU BELIEVE TO BE DUE IN YOUR CASE INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD WHICH ENDED JULY 15, 1946.
IT APPEARS THAT ANY CLAIM INCIDENT TO YOUR ARMY SERVICE ACCRUED NOT LATER THAN JULY 15, 1946, WHICH YOU SAY WAS THE DATE OF YOUR DISCHARGE. SINCE YOUR CLAIM FOR FAMILY ALLOWANCE BENEFITS WAS NOT RECEIVED IN OUR OFFICE UNTIL SEPTEMBER 30, 1960, OR MORE THAN 10 FULL YEARS AFTER JULY 15, 1946, SUCH CLAIM WAS THEN BARRED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH PROVIDES, WITH EXCEPTIONS NOT HERE MATERIAL, THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE AS THERE SPECIFIED, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. IN ACCORDANCE WITH THE PROCEDURE PROVIDED IN SECTION 2 OF THE ACT, YOUR CLAIM WAS, THEREFORE, RETURNED TO YOU WITH A COPY OF THE ACT. SUBSEQUENTLY, IN LETTER OF JANUARY 13, 1961, OUR CLAIMS DIVISION FULLY EXPLAINED TO YOU WHY, UNDER THE PROVISIONS OF THE 1940 ACT, WE ARE PROHIBITED FROM CONSIDERING A CLAIM FROM YOU FOR FAMILY ALLOWANCE BENEFITS INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD WHICH ENDED JULY 15, 1946.
YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE 1940 ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 OF THAT ACT SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IN VIEW OF SUCH SPECIFIC STATUTORY PROVISIONS, WE MAY MAKE NO EXCEPTIONS THERETO AND WE MAY GRANT NO EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED.