B-166169, MAR. 24, 1969

B-166169, MAR. 24, 1969

TO MR. ANTOLIN B. VALENTE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1968, RECEIVED HERE ON JANUARY 14, 1969, IN EFFECT APPEALING THE ACTION TAKEN BY THIS OFFICE ON YOU CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE UNITED STATES ARMY FORCES FAR EAST DURING WORLD WAR II.

OUR RECORDS SHOW THAT ON FEBRUARY 20, 1967, YOU PRESENTED A CLAIM FOR MUSTERING-OUT PAY TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, ON THE BASIS OF YOUR MILITARY SERVICE DURING THE PERIOD APRIL 26, 1943, TO JUNE 22, 1946. THE FINANCE CENTER, U.S. ARMY, FORWARDED THAT CLAIM TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION AND IT WAS RECEIVED ON MAY 12, 1967.

SINCE ON MAY 12, 1967, A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM THE DATE OF YOUR DISCHARGE, JUNE 22, 1946 (THE DATE YOUR CLAIM ACCRUED), OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU ON MAY 25, 1967, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT UNDER THAT ACT YOUR CLAIM WAS BARRED FROM CONSIDERATION.

THE ACT OF OCTOBER 9, 1940, AS CODIFIED IN 31 U.S.C. 71A, READS IN PERTINENT PART AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * *

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

IN A LETTER DATED DECEMBER 15, 1967, YOU INFORMED THE CLAIMS DIVISION THAT YOU POSSESSED EVIDENCE TO SUBSTANTIATE THE FACT THAT YOU HAD FILED A CLAIM WITHIN THE PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940; HOWEVER, IN A LETTER DATED JULY 8, 1968, YOU ADVISED THAT COPIES OF ALL YOUR COMMUNICATIONS WERE BURNED IN THE HOUSE YOU FORMERLY OCCUPIED. ON AUGUST 20, 1968, OUR CLAIMS DIVISION EXPLAINED TO YOU THE EFFECT OF THE ACT OF OCTOBER 9, 1940, AND AGAIN ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT BECAUSE IT WAS UNTIMELY FILED. THAT DIVISION FURTHER ADVISED YOU THAT THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ABOVE ACT AND THEREFORE NO EXCEPTION TO ITS PROVISIONS MAY BE MADE.

THE SOLE PROVISION OF LAW WHICH GOVERNS THE DISPOSITION OF YOUR CLAIM FOR MUSTERING-OUT PAY IS THE ACT OF OCTOBER 9, 1940, MENTIONED ABOVE. THAT ACT SPECIFICALLY PRECLUDES THIS OFFICE FROM CONSIDERING CLAIMS AGAINST THE UNITED STATES IF THOSE CLAIMS ARE NOT RECEIVED HERE WITHIN THE PRESCRIBED 10-YEAR LIMITATION PERIOD AFTER THE CLAIM FIRST ACCRUED. YOUR CLAIM ACCRUED ON JUNE 22, 1946, AND COULD BE CONSIDERED ON ITS MERITS ONLY IF THIS OFFICE HAD RECEIVED THE CLAIM PRIOR TO JUNE 22, 1956. SINCE IT WAS RECEIVED HERE ON MAY 12, 1967, OUR CLAIMS DIVISION HAD NO ALTERNATIVE UNDER THE LAW BUT TO ADVISE YOU THAT CONSIDERATION THEREOF WAS BARRED. ACCORDINGLY, THERE IS NO FURTHER ACTION WE MAY TAKE ON YOUR CLAIM.