B-148071, FEB. 13, 1962
Highlights
DIONICIO PAULE: WE HAVE RECEIVED FROM THE FINANCE CENTER. YOU PREVIOUSLY HAVE BEEN ADVISED THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL AUGUST 8. IT IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.
B-148071, FEB. 13, 1962
TO MR. DIONICIO PAULE:
WE HAVE RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOUR LETTER OF NOVEMBER 28, 1961, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR AN ADDITIONAL AMOUNT WHICH YOU BELIEVE TO BE DUE YOU AS MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 20, 1949. YOU URGE THAT, BECAUSE OF YOUR EXTENDED ILLNESS, YOU SHOULD BE ALLOWED AN EXTENSION OF TIME FOR PRESENTING YOUR CLAIM.
YOU PREVIOUSLY HAVE BEEN ADVISED THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL AUGUST 8, 1961, MORE THAN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, IT IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES:
"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), 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 IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER THE ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.
"SEC. 2. WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'
YOUR ATTENTION IS INVITED TO THE FACT THAT IN SECTION 2 OF THE ACT THE CONGRESS HAS EXPRESSLY PROVIDED THAT WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THE ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IN VIEW OF SUCH SPECIFIC STATUTORY PROVISIONS, WE MAY MAKE NO EXCEPTIONS THERETO, NOR MAY WE GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED.