B-169854, JUN. 3, 1970

B-169854, JUN. 3, 1970

STATUTES OF LIMITATION--CLAIMS--GENERAL ACCOUNTING OFFICE- CONCLUSIVENESS NO FURTHER ACTION MAY BE TAKEN BY GAO ON CLAIM FIRST RECEIVED APR. 9, 1956 FOR BACK PAY BELIEVED DUE FOR TIME SPENT IN EUROPE BY ENLISTED MAN IN ARMY DURING WORLD WAR II SINCE CLAIM FIRST ACCRUED ON DATE OF DISCHARGE FROM MILITARY SERVICE, OCT. 25, 1945, AND ACT OF OCT. 9, 1940 BARS CONSIDERATION OF CLAIMS NOT RECEIVED WITHIN 10 YEARS AFTER CLAIM FIRST ACCRUED.

TO MR. CHARLES E. REESER:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO THE DEPARTMENT OF THE ARMY, FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR BACK PAY BELIEVED DUE YOU FOR THE TIME YOU SPENT IN FRANCE, GERMANY AND ENGLAND, AS AN ENLISTED MAN IN THE ARMY DURING WORLD WAR II. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF A LETTER TO YOU FROM OUR CLAIMS DIVISION DATED JUNE 11, 1956. IN THAT LETTER YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE CITED ACT OF OCTOBER 9, 1940, BARS CONSIDERATION OF CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. YOU WERE DISCHARGED FROM MILITARY SERVICE ON OCTOBER 25, 1945. ANY CLAIM THAT YOU HAD FOR ARREARS OF PAY ACCRUED NOT LATER THAN THAT DATE. THEREFORE IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM BEFORE OCTOBER 25, 1955, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON APRIL 9, 1956, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE, CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.