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B-132833, DEC. 10, 1957

B-132833 Dec 10, 1957
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ECKERT: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED ON NOVEMBER 7. DURING THE PERIOD COVERED BY YOUR CLAIM A RIGHT TO PAYMENT OF MONETARY ALLOWANCES IN LIEU OF QUARTERS AND SUBSISTENCE ACCRUED TO ENLISTED MEMBERS OF THE UNIFORMED FORCES ONLY IN THE EVENT THAT PAYMENT OF SUCH ALLOWANCES WAS SPECIFICALLY AUTHORIZED BY PROPER ORDERS ISSUED CONTEMPORANEOUSLY WITH THE PERIOD INVOLVED. YOU STILL APPEAR TO BE OF THE BELIEF THAT YOU ARE ENTITLED TO THE ALLOWANCE IN QUESTION FROM THE UNITED STATES. A SHOWING THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS WERE NOT AVAILABLE TO YOU. THE DENIAL OF YOUR CLAIM IS AFFIRMED AND THERE IS NO FURTHER ACTION WHICH PROPERLY MAY BE TAKEN BY OUR OFFICE IN THIS MATTER.

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B-132833, DEC. 10, 1957

TO SERGEANT FIRST CLASS ARTHUR H. ECKERT:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED ON NOVEMBER 7, 1957, CONCERNING YOUR CLAIM FOR STATION PER DIEM ALLOWANCE INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES ARMY, FOR THE PERIOD FROM JULY 1, 1948, TO JUNE 30, 1949.

AS EXPLAINED IN OUR DECISION OF OCTOBER 7, 1957, B-132833, TO YOU, DURING THE PERIOD COVERED BY YOUR CLAIM A RIGHT TO PAYMENT OF MONETARY ALLOWANCES IN LIEU OF QUARTERS AND SUBSISTENCE ACCRUED TO ENLISTED MEMBERS OF THE UNIFORMED FORCES ONLY IN THE EVENT THAT PAYMENT OF SUCH ALLOWANCES WAS SPECIFICALLY AUTHORIZED BY PROPER ORDERS ISSUED CONTEMPORANEOUSLY WITH THE PERIOD INVOLVED. YOU STILL APPEAR TO BE OF THE BELIEF THAT YOU ARE ENTITLED TO THE ALLOWANCE IN QUESTION FROM THE UNITED STATES; HOWEVER, NO RECORD HAS BEEN FOUND IN THE DEPARTMENT OF THE ARMY OF THE ISSUANCE OF A PROPER ORDER IN YOUR CASE. IN THE ABSENCE THEREOF AND, ALSO, A SHOWING THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS WERE NOT AVAILABLE TO YOU, NO SUCH PAYMENT MAY BE MADE FOR ANY PERIOD PRIOR TO JULY 1, 1949. ACCORDINGLY, THE DENIAL OF YOUR CLAIM IS AFFIRMED AND THERE IS NO FURTHER ACTION WHICH PROPERLY MAY BE TAKEN BY OUR OFFICE IN THIS MATTER.

RESPECTING THE STATEMENT IN THE FINAL PARAGRAPH OF OUR DECISION DATED OCTOBER 7, 1957, YOU ARE ADVISED THAT IT WAS ONLY INTENDED TO POINT OUT THAT SINCE MORE THAN SIX YEARS HAS ELAPSED SINCE YOUR RIGHT OF ACTION FIRST ACCRUED, YOUR CLAIM ORDINARILY WOULD BE BARRED FROM CONSIDERATION BY THE COURTS NOTWITHSTANDING A CLAIM WAS TIMELY FILED IN OUR OFFICE. SEE 28 U.S.C. 2401 AND 2501. HOWEVER, IN CONSIDERING THE EFFECT OF THE CITED STATUTORY PROVISIONS ON YOUR RIGHT TO BRING AN ACTION OR PROCEEDING IN A COURT OF LAW, SUCH PROVISIONS MUST BE CONSIDERED IN CONJUNCTION WITH SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 50 U.S.C. APP. 525. THAT SECTION 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 PERIOD IN THE MILITARY SERVICE.

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