B-125610, DEC. 12, 1955

B-125610, DEC. 12, 1955

TO MR. JAMES QUALL NO. 83870:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 13 AND OCTOBER 26, 1955, FURTHER CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE YOU AS OF APRIL 21, 1949, THE DATE OF YOUR DISCHARGE AS RECRUIT, UNITED STATES ARMY. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 17, 1955, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR MONEY BELIEVED DUE YOU INCIDENT TO YOUR NAVY SERVICE FROM DECEMBER 19, 1943, TO JUNE 2, 1944.

THE RECORDS SHOW THAT YOU ENLISTED IN THE UNITED STATES ARMY ON SEPTEMBER 23, 1948, AND THAT YOU WERE DISCHARGED ON APRIL 21, 1949, BECAUSE OF YOUR FRAUDULENT ENTRY INTO THE ARMY IN THAT YOU CONCEALED YOUR PRIOR SEPARATION FROM THE NAVY UNDER OTHER THAN HONORABLE CONDITIONS. THE RECORDS FURTHER SHOW THAT DURING THE PERIOD INVOLVED YOU RECEIVED PAYMENTS AS FOLLOWS: (1) $5, VOUCHER NO. 14723, SEPTEMBER 1948 ACCOUNTS OF P. W. HERBST; (2) $54.45, VOUCHER NO. 14757, NOVEMBER 1948 ACCOUNTS OF ROBERT C. DAVIE; (3) $41.20, VOUCHER NO. 19961, DECEMBER 1948 ACCOUNTS OF ROBERT C. DAVIE; AND(4) $34.28, VOUCHER NO. 9624, APRIL 1949 ACCOUNTS OF J. M. BREEN. APPEARS THAT YOUR PRINCIPAL CONTENTION AT PRESENT IS THAT YOU DID NOT RECEIVE THE PAYMENT OF $41.20 ON VOUCHER NO. 19961.

THE FOUR VOUCHERS REFERRED TO ARE ON FILE HERE AND BEAR THE SIGNATURE OF "JAMES QUALL" IN THE COLUMNS PROVIDED FOR THE PAYEES TO SIGN FOR THE AMOUNTS DUE. A COMPARISON OF THE SIGNATURE OF ,JAMES QUALL" ON VOUCHER NO. 19961 WITH YOUR UNQUESTIONED SIGNATURE ON THE OTHER VOUCHERS INVOLVED INDICATES THAT THE SIGNATURE ON THAT VOUCHER WAS WRITTEN BY YOU. ALSO, THE VOUCHER BEARS THE CERTIFICATE OF THE WITNESSING OFFICER, CERTIFYING THAT HE WITNESSED THE PAYMENT TO YOU OF THE AMOUNT SET OPPOSITE YOUR NAME.

A FRAUDULENT CONTRACT OF ENLISTMENT IN THE ARMY, UNLESS ABSOLUTELY VOID, IS VOIDABLE AT THE OPTION OF THE GOVERNMENT AND, IF, BECAUSE OF THE ENLISTED MAN'S FRAUD, THE GOVERNMENT VOIDS THE CONTRACT, THE ENLISTED MAN IS ENTITLED TO NO PAY AND ALLOWANCES EXCEPT THOSE ALREADY RECEIVED BY HIM OR SPECIFICALLY PROVIDED TO BE PAID IN SUCH CASES. SEE ARMY REGULATIONS NO. 35-1460, APRIL 8, 1947. ON SUCH BASIS THE PAYMENT OF ANY ADDITIONAL PAY AND ALLOWANCES FOR THE PERIOD INVOLVED WOULD NOT BE AUTHORIZED EVEN IF IT WERE ESTABLISHED THAT YOU DID NOT RECEIVE THE PAYMENT IN QUESTION.

YOUR LETTER OF NOVEMBER 17, 1955, CONCERNING YOUR CLAIM FOR MONEY BELIEVED DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY FROM DECEMBER 19, 1943, TO JUNE 2, 1944, WAS RECEIVED HERE IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 21, 1955. CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH PROVIDES---

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

IN SECTION 3 OF THE ACT OF JULY 25, 1947, 61 STAT. 451, 454, IT WAS PROVIDED THAT, IN THE INTERPRETATION OF SECTION 1 OF THE ACT OF OCTOBER 9, 1940, THE DATE OF JULY 25, 1947, SHALL BE DEEMED TO BETHE DATE OF THE TERMINATION OF ANY STATE OF WAR THERETOFORE DECLARED BY THE CONGRESS AND OF THE NATIONAL EMERGENCIES PROCLAIMED BY THE PRESIDENT ON SEPTEMBER 8, 1939, AND ON MAY 27, 1941. ACCORDINGLY, YOUR CLAIM MAY NOT BE CONSIDERED AS IT WAS NOT RECEIVED HERE WITHIN 10 YEARS AFTER JUNE 2, 1944, OR WITHIN 5 YEARS AFTER JULY 25, 1947.