B-158113, DEC. 28, 1965
Highlights
HENRY MORRIS: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM . THE TIME YOU WERE DISCHARGED FROM THE UNITED STATES ARMY. - WAS BARRED BY THE ACT OF OCTOBER 9. YOU DID NOT PERFORM ANY SERVICES FOR THE GOVERNMENT AFTER YOUR ACTUAL DISCHARGE AND SEPARATION IN 1918 AND YOU HAVE FURNISHED NO INFORMATION WHICH INDICATES THAT YOU SUFFERED ANY PERSONAL DETRIMENT BY REASON OF THE ARMY'S DELAY IN SENDING YOU A CERTIFICATE OF DISCHARGE. IT IS CLEAR THAT THERE IS NO EQUITABLE BASIS FOR THE PAYMENT OF YOUR CLAIM AND WE SEE NO REASON WHY YOU SHOULD RECEIVE THE BENEFITS WHICH ACCRUED TO THE PERSONS WHO PERFORMED MILITARY DUTY AND THUS EARNED THE PAY THEY RECEIVED DURING THE PERIOD HERE INVOLVED.
B-158113, DEC. 28, 1965
TO MR. HENRY MORRIS:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1, 1965, IN WHICH YOU SEEK REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTERS OF MAY 26 AND OCTOBER 20, 1965, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM -- FOR SOME 12 YEARS OF MILITARY BACK PAY THOUGHT TO BE DUE YOU BY REASON OF YOUR BELIEF THAT YOU HAD A MILITARY STATUS DURING THE PERIOD BETWEEN DECEMBER 24, 1918, THE TIME YOU WERE DISCHARGED FROM THE UNITED STATES ARMY, AND APRIL 30, 1931, THE DATE THE ARMY ISSUED YOU A FORMAL CERTIFICATE OF DISCHARGE-- - WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061.
AS WE UNDERSTAND YOUR CLAIM, YOU DID NOT PERFORM ANY SERVICES FOR THE GOVERNMENT AFTER YOUR ACTUAL DISCHARGE AND SEPARATION IN 1918 AND YOU HAVE FURNISHED NO INFORMATION WHICH INDICATES THAT YOU SUFFERED ANY PERSONAL DETRIMENT BY REASON OF THE ARMY'S DELAY IN SENDING YOU A CERTIFICATE OF DISCHARGE. IN SUCH CIRCUMSTANCES, IT IS CLEAR THAT THERE IS NO EQUITABLE BASIS FOR THE PAYMENT OF YOUR CLAIM AND WE SEE NO REASON WHY YOU SHOULD RECEIVE THE BENEFITS WHICH ACCRUED TO THE PERSONS WHO PERFORMED MILITARY DUTY AND THUS EARNED THE PAY THEY RECEIVED DURING THE PERIOD HERE INVOLVED. AT THE TIME OF YOUR DISCHARGE IN 1918 IT WAS SETTLED IN THE WAR DEPARTMENT THAT A CERTIFICATE OF DISCHARGE WAS NOT NECESSARY TO DISCHARGE BUT THAT A SOLDIER MIGHT BE DISCHARGED WITHOUT A CERTIFICATE OR BEFORE HE WAS FURNISHED WITH A CERTIFICATE, UPON NOTICE, ACTUAL OR CONSTRUCTIVE. AGREE WITH THAT POINT OF VIEW.
IN ANY EVENT, IT IS CLEAR THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, WHICH PROVIDES THAT ANY CLAIM OR DEMAND AGAINST THE UNITED STATES (WITH EXCEPTIONS NOT HERE RELEVANT), COGNIZABLE BY THIS 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 THE GENERAL ACCOUNTING OFFICE UNTIL MAY 17, 1965, MORE THAN 10 YEARS AFTER THE DATE YOU RECEIVED YOUR CERTIFICATE OF DISCHARGE IN 1931. THE FACT THAT YOU WERE NOT AWARE OF THIS BARRING STATUTE DOES NOT ALTER THE SITUATION IN ANY WAY, FOR PROPER AND TIMELY FILING IS A NECESSARY CONDITION TO THE CONSIDERATION OF YOUR CLAIM BY THIS OFFICE. WE ARE WITHOUT AUTHORITY TO WAIVE OR EXCUSE THE 10-YEAR LIMITATION PERIOD FOR ANY REASON.