B-165473, MAY 28, 1970
Highlights
YOU SAY THAT YOU HAVE RECEIVED UNSATISFACTORY REPLIES FROM ALL OFFICES YOU HAVE WRITTEN TO PREVIOUSLY. YOU ARE BEING UNJUSTLY TREATED. YOUR CLAIM WAS THE SUBJECT OF OUR LETTERS DATED OCTOBER 14 AND DECEMBER 22. IN THOSE LETTERS IT WAS EXPLAINED THAT SUCH CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY THE PROVISIONS OF THE ACT OF OCTOBER 9. FOR THE REASON THAT IT WAS NOT RECEIVED HERE UNTIL SEPTEMBER 26. WE SET FORTH THE FACTS AND EXPLAINED THE REASONS WHY YOUR CLAIM WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT. OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT OF 1940. INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE.
B-165473, MAY 28, 1970
TO MR. FELIX CASILLAS:
YOUR LETTER OF APRIL 30, 1970, WITH ENCLOSURES, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR STATION PER DIEM ALLOWANCE, BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE U.S. ARMY DURING THE PERIOD FEBRUARY 5 TO JUNE 17, 1953.
YOU SAY THAT YOU HAVE RECEIVED UNSATISFACTORY REPLIES FROM ALL OFFICES YOU HAVE WRITTEN TO PREVIOUSLY. FURTHER, YOU SAY THAT AS A MEMBER OF A MINORITY GROUP YOU CANNOT HELP BELIEVING THAT BECAUSE OF THE ANTIPATHY OF THE PARTIES HANDLING THE CASE, YOU ARE BEING UNJUSTLY TREATED.
YOUR CLAIM WAS THE SUBJECT OF OUR LETTERS DATED OCTOBER 14 AND DECEMBER 22, 1966, AND FEBRUARY 2 AND DECEMBER 12, 1967. IN THOSE LETTERS IT WAS EXPLAINED THAT SUCH CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, FOR THE REASON THAT IT WAS NOT RECEIVED HERE UNTIL SEPTEMBER 26, 1966, MORE THAN 10 YEARS AFTER THE CLAIM FIRST ACCRUED.
PURSUANT TO YOUR REQUEST WE RECONSIDERED THE MATTER AND BY LETTER DATED NOVEMBER 14, 1968, B-165473, COPY HEREWITH, WE SET FORTH THE FACTS AND EXPLAINED THE REASONS WHY YOUR CLAIM WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT.
YOUR PRESENT LETTER AND ENCLOSURES DO NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM AND PRESENT NO BASIS FOR MODIFYING OUR PRIOR ACTION.
AS EXPLAINED IN OUR PRIOR LETTERS TO YOU, OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT OF 1940, INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE. ANY LETTER YOU MAY HAVE WRITTEN TO, OR CLAIM YOU MAY HAVE FILED WITH, THE DEPARTMENT OF THE ARMY WHICH WAS NOT FORWARDED TO THIS OFFICE WITHIN 10 YEARS FOLLOWING THE DATE OF YOUR DISCHARGE FROM THE ARMY IN 1955, MAY NOT BE CONSIDERED, WITHIN THE MEANING OF THE BARRING ACT, A CLAIM "RECEIVED IN SAID OFFICE (GENERAL ACCOUNTING OFFICE) WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED." THEREFORE, WE HAVE NO LEGAL AUTHORITY TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.
OUR ACTION ON YOUR CLAIM IS CONTROLLED BY THE BARRING ACT OF OCTOBER 9, 1940. NO EXCEPTIONS MAY BE MADE TO THE PROVISIONS OF THE BARRING ACT AND NO EXTENSION OF ITS TIME LIMIT FOR FILING CLAIMS MAY BE GRANTED. THIS OFFICE APPLIES THAT ACT IN ACCORDANCE WITH ITS TERMS AND GIVES UNIFORM AND EQUAL TREATMENT TO ALL CASES TO WHICH THE ACT APPLIES. MATTERS SUCH AS A CLAIMANT'S MEMBERSHIP IN A MINORITY GROUP ARE CONSIDERED WHOLLY IRRELEVANT TO OUR ACTION UNDER THE STATUTE.