B-158113, JAN. 21, 1966
Highlights
HENRY MORRIS: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2. AS YOU WERE ADVISED IN OUR DECISION OF DECEMBER 28. THE RECORD SHOWS THAT THE FIRST NOTICE WE HAD OF ANY CLAIM ON YOUR BEHALF WAS BY YOUR LETTER DATED MAY 17. OUR OFFICE IS PREVENTED BY LAW FROM CONSIDERING YOUR CLAIM FURTHER.
B-158113, JAN. 21, 1966
TO MR. HENRY MORRIS:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2, 1966, REQUESTING RECONSIDERATION OF OUR DECISION OF DECEMBER 28, 1965, CONCERNING YOUR CLAIM FOR MILITARY BACK PAY THOUGHT TO BE DUE YOU FOR THE PERIOD DECEMBER 24, 1918, TO APRIL 30, 1931.
AS YOU WERE ADVISED IN OUR DECISION OF DECEMBER 28, 1965, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM. THAT ACT READS IN PERTINENT PART:
"* * * EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES * * * 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 * * * WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'
THE RECORD SHOWS THAT THE FIRST NOTICE WE HAD OF ANY CLAIM ON YOUR BEHALF WAS BY YOUR LETTER DATED MAY 17, 1965, CONSIDERABLY MORE THAN 10 YEARS AFTER YOU RECEIVED YOUR CERTIFICATE OF DISCHARGE IN 1931.
BECAUSE OF THESE FACTS, OUR OFFICE IS PREVENTED BY LAW FROM CONSIDERING YOUR CLAIM FURTHER.