B-117548, JUL. 26, 1965

B-117548, JUL. 26, 1965

TO MR. LOUIS PALMER, NO. 30-917:

YOUR LETTER OF JUNE 14, 1965, TO THE PRESIDENT OF THE UNITED STATES REQUESTING HIS HELP IN CONNECTION WITH YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE, HAS BEEN FORWARDED TO OUR OFFICE FOR CONSIDERATION AND REPLY.

IN OUR DECISION DATED FEBRUARY 19, 1954, B-117548, WE FURNISHED YOU A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM JUNE 1, 1945, TO JANUARY 1, 1947, THE DATE OF YOUR DISCHARGE. THAT STATEMENT DID NOT COVER ANY PERIOD PRIOR TO JUNE 1, 1945, SINCE AT THAT TIME YOU HAD NOT CLAIMED PAY FOR ANY PERIOD PRIOR TO THAT DATE. THE CREDIT ITEMS IN THE STATEMENT INCLUDED THE VARIOUS AMOUNTS ACCRUING TO YOU AS PAY AND ALLOWANCES FROM JUNE 1, 1945, TO JANUARY 1, 1947, AND THE DEBIT ITEMS INCLUDED VARIOUS AMOUNTS CHARGEABLE AGAINST YOUR ACCOUNT FOR THAT PERIOD AND SHOWED YOU HAD RECEIVED CASH AND CHECK PAYMENTS FOR THAT PERIOD IN THE TOTAL AMOUNT OF $999.51. SINCE THE TOTAL OF THE CREDIT ITEMS, INCLUDING THE $999.51, WAS $1,649.92 AND THE TOTAL OF THE DEBIT ITEMS WAS $1,697.06, THERE WAS SHOWN A RESULTING OVERPAYMENT TO YOU OF $47.14. IN OUR DECISION DATED AUGUST 22, 1958, B-117548, WE ADVISED YOU THAT IN VIEW OF YOUR ALLEGATION THAT YOU DID NOT RECEIVE ALL AMOUNTS DUE YOU FOR THE PERIOD BEGINNING JUNE 1, 1945, THE PERTINENT VOUCHERS WERE WITHDRAWN FROM THE FILES AND EXAMINED, AND THAT A DETAILED RECOMPUTATION OF YOUR ACCOUNT, CONSIDERING SEVERAL ITEMS PAID TO YOU THAT WERE NOT INCLUDED IN THE PRIOR COMPUTATION, THEN SHOWED THAT YOU WERE PAID $181.04 MORE (NOT INCLUDING A FAMILY ALLOWANCE PAYMENT OF $22 TO YOUR WIFE FOR THE MONTH OF AUGUST 1946 WHICH YOU HAD QUESTIONED) THAN THE NET AMOUNT WHICH ACCRUED TO YOU DURING THE PERIOD JUNE 1, 1945, TO JANUARY 1, 1947.

IN THE DECISION OF AUGUST 22, 1958, WE ALSO ADVISED YOU THAT YOUR CLAIM FOR ADDITIONAL PAY FOR THE PERIOD FROM JULY 1944 THROUGH SEPTEMBER 1944, STATED IN YOUR LETTER DATED APRIL 22, 1958, WAS A NEW CLAIM NOT THERETOFORE PRESENTED TO US. UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, WE ARE PRECLUDED FROM CONSIDERING THE CLAIM OF ANY PERSON AGAINST THE UNITED STATES WHICH IS COGNIZABLE BY OUR OFFICE UNLESS SUCH CLAIM IS RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED. IN DETERMINING THE EFFECT OF THE ACT OF OCTOBER 9, 1940, ON THE RIGHT OF A CLAIMANT TO RECEIVE ADDITIONAL PAY, THAT ACT MUST BE CONSIDERED IN CONJUNCTION WITH SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED, 50 U.S.C. APP. 525, WHICH PROVIDES THAT THE PERIOD OF MILITARY SERVICE SHALL NOT BE INCLUDED IN COMPUTING ANY PERIOD LIMITED BY LAW FOR THE BRINGING OF ANY ACTION OR PROCEEDING BY OR AGAINST ANY PERSON IN THE MILITARY SERVICE. IT DID NOT APPEAR, HOWEVER, THAT YOU HAD ANY MILITARY SERVICE SUBSEQUENT TO YOUR DISCHARGE ON JANUARY 1, 1947. YOU WERE THEREFORE PROPERLY ADVISED IN THE DECISION OF AUGUST 22, 1958, THAT YOUR CLAIM FOR PAY FOR THE PERIOD FROM JULY 1944 THROUGH SEPTEMBER 1944 COULD NOT BE CONSIDERED SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 10 YEARS AFTER JANUARY 1, 1947, THE DATE OF YOUR DISCHARGE FROM THE ARMY.

YOU WERE ADVISED IN OUR LETTER OF MAY 12, 1960, B-117548, IN RESPONSE TO YOUR INQUIRY AS TO WHETHER YOU MIGHT TAKE YOUR CASE TO COURT, THAT WHILE CERTAIN CLAIMS MAY BE MADE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS, SUCH SUITS, IF FILED, MUST BE COMMENCED WITHIN 6 YEARS AFTER THE CLAIM FIRST ACCRUED. SEE 28 U.S.C. 2501. IN VIEW OF THE FOREGOING, THERE APPEARS TO BE NO FURTHER ACTION WHICH OUR OFFICE OR ANY OTHER BRANCH OF THE GOVERNMENT MAY TAKE ON YOUR CLAIM.