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B-152489, OCT. 29, 1963

B-152489 Oct 29, 1963
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THEOPHILOUS DAVIS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14. IS PRECLUDED FROM CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9. INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE. SINCE OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT. THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER AND FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE. WITH RESPECT TO YOUR STATEMENT IN YOUR LETTER THAT IF OUR DECISION IS AFFIRMED YOU PROPOSE TO TAKE FURTHER ACTION. YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BYLAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT.

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B-152489, OCT. 29, 1963

TO MR. THEOPHILOUS DAVIS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14, 1963, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED OCTOBER 11, 1963, B-152489. IN THAT DECISION, WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN ADVISING YOU THAT YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM MAY 1945 TO DATE OF DISCHARGE IN JUNE 1946, IS PRECLUDED FROM CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE.

YOUR LETTER DOES NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM AND PRESENTS NO BASIS FOR MODIFYING OUR PRIOR ACTION. SINCE OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER AND FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.

WITH RESPECT TO YOUR STATEMENT IN YOUR LETTER THAT IF OUR DECISION IS AFFIRMED YOU PROPOSE TO TAKE FURTHER ACTION, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BYLAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. ACCORDINGLY, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER, YOU ARE ADVISED THAT THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS ..END :

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