B-176363, NOV 9, 1972

B-176363, NOV 9, 1972

MILITARY PERSONNEL - BACK PAY - 10 YEAR LIMITATION PERIOD DECISION AFFIRMING THE PRIOR DENIAL OF THE CLAIM OF WILLIAM H. MOON FOR BACK PAY BELIEVED TO BE DUE INCIDENT TO SERVICE IN THE U.S. ARMY DURING THE PERIOD DECEMBER 5, 1945, TO JANUARY 16, 1948. SINCE THE CLAIM WAS NOT FILED WITH GAO WITHIN 10 YEARS OF THE MEMBER'S DISCHARGE DATE, IT MUST BE DENIED.

TO MR. WILLIAM H. MOON:

WE AGAIN REFER TO YOUR LETTER DATED MARCH 21, 1972, IN WHICH YOU HAVE, IN EFFECT, REQUESTED RECONSIDERATION OF YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD FROM DECEMBER 5, 1945, TO JANUARY 16, 1948.

OUR FILE SHOWS THAT YOU INITIALLY PRESENTED THE CLAIM FOR THE PAY AND ALLOWANCES BY A LETTER ADDRESSED TO THE ARMY. THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, TRANSMITTED THAT CLAIM TO OUR CLAIMS DIVISION AND IT WAS RECEIVED ON MAY 15, 1961. SINCE ON THAT DATE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM JANUARY 16, 1948, THE DATE OF YOUR DISCHARGE FROM THE ARMY, THE CLAIMS DIVISION RETURNED THE CLAIM TO YOU BY LETTER DATED MAY 25, 1961, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 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, PROVIDES 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.

IN A LETTER DATED JUNE 18, 1961, YOU ADVISED THAT YOU HAD SUBMITTED A CLAIM IN 1956 ALONG WITH PROPER INFORMATION SECURED FROM THE VETERANS ADMINISTRATION, DAYTON, OHIO. ON THE BASIS OF THE INFORMATION CONTAINED IN THAT LETTER, THE CLAIMS DIVISION FURTHER CONSIDERED YOUR CLAIM AND IN A LETTER DATED AUGUST 15, 1961, ADVISED YOU OF THE APPLICATION OF THE 1940 LAW IN YOUR CASE AND INFORMED YOU THAT WHILE IT MAY BE THAT YOU PREVIOUSLY FILED A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT, SUCH FILING MAY NOT BE CONSIDERED AS A SUFFICIENT COMPLIANCE WITH THE ABOVE LAW WHICH REQUIRES THAT CLAIMS MUST BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE.

YOU RELATE IN YOUR LETTER OF MARCH 21, 1972, OF THE SEVERAL INSTANCES DURING YOUR ARMY SERVICE WHEN PAYMENT OF PAY AND ALLOWANCES WAS DENIED TO YOU, OF THE FACT THAT YOU RECEIVED A GENERAL DISCHARGE, AND OF THE DAMAGE (INJURY) TO YOUR FEET SUSTAINED WHILE YOU WERE SERVING AT AN OVERSEA STATION. ALSO, YOU ASK WHETHER YOU ARE ENTITLED TO ALL OF YOUR BACK PAY, WHETHER YOU ARE ENTITLED TO AN HONORABLE DISCHARGE, AND WHETHER YOU ARE ENTITLED TO ANY PAYMENT BECAUSE YOU FIND IT DIFFICULT TO WALK.

IF YOU DID NOT RECEIVE ALL THE PAY AND ALLOWANCES DUE YOU DURING YOUR ENTIRE PERIOD OF ARMY SERVICE, THE RIGHT TO PRESENT CLAIM FOR ANY UNPAID AMOUNT ACCRUED NOT LATER THAN THE DATE OF YOUR DISCHARGE, JANUARY 16, 1948, AND UNDER THE ABOVE-MENTIONED 1940 LAW SUCH RIGHT CONTINUED FOR A PERIOD OF 10 YEARS. IN OTHER WORDS, IN ORDER THAT YOUR CLAIM FOR UNPAID PAY AND ALLOWANCES, IF ANY, COULD BE CONSIDERED ON ITS MERITS, IT WAS NECESSARY FOR SUCH CLAIM TO HAVE BEEN RECEIVED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE) PRIOR TO JANUARY 16, 1958.

SINCE YOUR CLAIM WAS RECEIVED HERE ON MAY 15, 1961, A DATE WHICH IS MORE THAN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE ABOVE LAW FROM THE DATE OF YOUR DISCHARGE, JANUARY 16, 1948, WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT WE ARE PRECLUDED BY THAT LAW FROM CONSIDERING IT.

CONCERNING YOUR REQUEST FOR A CHANGE OF THE CHARACTER OF YOUR DISCHARGE FROM A GENERAL DISCHARGE TO AN HONORABLE DISCHARGE, THIS OFFICE LACKS JURISDICTION TO EFFECT SUCH CHANGE. SINCE THE DEPARTMENT OF THE ARMY IS VESTED WITH THE JURISDICTION TO DETERMINE WHETHER YOU ARE ENTITLED TO AN HONORABLE DISCHARGE IN LIEU OF YOUR GENERAL DISCHARGE, IT IS SUGGESTED THAT ANY FURTHER INQUIRY REGARDING THIS MATTER BE ADDRESSED TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON, D.C. 20310.

DETERMINATIONS OF ENTITLEMENTS TO BENEFITS ON ACCOUNT OF SERVICE CONNECTED DISABILITIES RESTS SOLELY WITH THE VETERANS ADMINISTRATION. THEREFORE, IT IS SUGGESTED THAT YOU BRING THE MATTER OF THE DISABILITY MENTIONED IN YOUR LETTER TO THE ATTENTION OF THE VETERANS ADMINISTRATION.

ACCORDINGLY, THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.