B-140016, JAN. 20, 1960

B-140016, JAN. 20, 1960

TO MR. LAURENCE S. LIEBSON, 34206:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 5, 1959, CONCERNING YOUR CLAIM FOR 6 MONTHS' PAY WHICH YOU BELIEVE IS DUE YOU INCIDENT TO YOUR SERVICE AS A MEMBER OF THE ARMY OF THE UNITED STATES FROM JULY 15, 1918, TO OCTOBER 17, 1919. ALSO, WE HAVE RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, YOUR LETTER DATED OCTOBER 18, 1959, CONCERNING THE SAME MATTER.

YOU SAY THAT A MONTH OR SO AGO YOU WERE INFORMED BY THE ARMY FINANCE CENTER THAT YOUR CLAIM HAD BEEN REFERRED TO OUR OFFICE FOR SETTLEMENT AND THAT ON NOVEMBER 23, 1959, YOU RECEIVED "GAO FORM 4000" WHICH INFORMED YOU "THAT AN ADJUSTMENT WILL BE MADE AT THE EARLIEST PRACTICABLE DATE.'

YOU ARE ADVISED THAT YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES, AS CONTAINED IN YOUR LETTER DATED OCTOBER 18, 1959, WAS FORWARDED TO US BY THE FINANCE CENTER, U.S. ARMY, WITHOUT APPROVAL OR DISAPPROVAL, FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT HAS BEEN MORE THAN 10 YEARS SINCE THE CLAIM FIRST ACCRUED. OUR RECORDS SHOW THAT WE PREVIOUSLY HAD ADVISED YOU IN OUR SETTLEMENT DATED JUNE 4, 1959, THAT THE CLAIM HERE INVOLVED IS BARRED BY THE ACT OF OCTOBER 9, 1940. THEREAFTER WE RECEIVED AN INQUIRY FROM HONORABLE ISADORE DOLLINGER, UNITED STATES HOUSE OF REPRESENTATIVES, CONCERNING SUCH CLAIM, AND IN OUR LETTER TO HIM DATED JULY 9, 1959, B-140016, WE QUOTED THE PERTINENT PART OF THE ACT OF OCTOBER 9, 1940, AND EXPLAINED THAT UNDER SUCH STATUTORY PROVISIONS WE ARE PRECLUDED FROM CONSIDERING THE CLAIM, SINCE IT WAS NOT RECEIVED IN OUR OFFICE--- THE UNITED STATES GENERAL ACCOUNTING OFFICE--- WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

THE ACT OF OCTOBER 9, 1940, 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.'

WE HAVE EXAMINED YOUR LETTER DATED DECEMBER 5, 1959, AND YOUR LETTER DATED OCTOBER 18, 1959, WITH THE ACCOMPANYING REPORT FROM THE FINANCE CENTER, U.S. ARMY, BUT WE FIND THEREIN NO MATERIAL FACTS OR INFORMATION NOT HERETOFORE CONSIDERED BY US. ACCORDINGLY, NO ADJUSTMENT IN YOUR CASE IS AUTHORIZED AND WE FIND NO BASIS FOR ANY MODIFICATION OF OUR PRIOR ACTION. SINCE THE ACT OF OCTOBER 9, 1940, BY ITS PLAIN TERMS, PRECLUDES THE CONSIDERATION OF YOUR CLAIM, WE TRUST THAT YOU WILL UNDERSTAND THAT WE HAVE NO DISCRETION IN THE MATTER.