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BUCHANAN: REFERENCE IS MADE TO YOUR LETTER TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR PAYMENT OF AN ALLOTMENT BELIEVED DUE INCIDENT TO THE SERVICE OF YOUR SON. YOUR LETTER WAS RECEIVED HERE ON SEPTEMBER 24. OUR RECORDS SHOWS THAT IT WAS NOT UNTIL JUNE 29. THAT THIS OFFICE WAS FIRST PLACED ON NOTICE THAT A CLAIM HAD BEEN FILED FOR THE AMOUNT IN QUESTION. ON THAT DATE THERE WAS RECEIVED IN OUR CLAIMS DIVISION A LETTER FROM YOUR SON ADDRESSED TO SENATOR JACOB K. THERE WAS NOTHING OF RECORD TO SHOW THAT SUCH A CLAIM PREVIOUSLY HAD BEEN FILED IN THIS OFFICE. CONSIDERATION OF THE CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9. * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * THE BASIC AUTHORITY OF THE GENERAL ACCOUNTING OFFICE TO SETTLE CLAIMS AGAINST THE UNITED STATES IS CONTAINED IN SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10.

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B-154872, OCT. 14, 1964

TO MRS. LORETTA V. BUCHANAN:

REFERENCE IS MADE TO YOUR LETTER TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR PAYMENT OF AN ALLOTMENT BELIEVED DUE INCIDENT TO THE SERVICE OF YOUR SON, BURDETTE W. BUCHANAN, IN THE UNITED STATES ARMY FROM 1942 TO 1945. YOUR LETTER WAS RECEIVED HERE ON SEPTEMBER 24, 1964, BY REFERENCE FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA.

YOU SAY THAT YOU RECEIVED ONLY ONE CHECK FOR $111 IN 1945 DURING THE TIME YOUR SON SERVED IN THE ARMY AND REQUEST PAYMENT OF ANY ADDITIONAL AMOUNT DUE ON ACCOUNT OF SUCH ALLOTMENT.

OUR RECORDS SHOWS THAT IT WAS NOT UNTIL JUNE 29, 1964, THAT THIS OFFICE WAS FIRST PLACED ON NOTICE THAT A CLAIM HAD BEEN FILED FOR THE AMOUNT IN QUESTION. ON THAT DATE THERE WAS RECEIVED IN OUR CLAIMS DIVISION A LETTER FROM YOUR SON ADDRESSED TO SENATOR JACOB K. JAVITS RELATING TO THIS MATTER. SINCE ON JUNE 29, 1964, A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM OCTOBER 25, 1945, THE DATE OF YOUR SON'S DISCHARGE FROM THE ARMY, AND THERE WAS NOTHING OF RECORD TO SHOW THAT SUCH A CLAIM PREVIOUSLY HAD BEEN FILED IN THIS OFFICE, CONSIDERATION OF THE CLAIM WAS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH, 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: * *

THE BASIC AUTHORITY OF THE GENERAL ACCOUNTING OFFICE TO SETTLE CLAIMS AGAINST THE UNITED STATES IS CONTAINED IN SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, WHICH PROVIDES:

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

UNDER THAT ACT AND THE ACT OF OCTOBER 9, 1940, THIS OFFICE HAD JURISDICTION TO TAKE APPROPRIATE ACTION ON YOUR CLAIM IF TIMELY FILED.

THE RIGHT TO RECEIVE ANY ADDITIONAL AMOUNT DUE ON ACCOUNT OF AN ALLOTMENT MADE BY YOUR SON INCIDENT TO HIS SERVICE IN THE ARMY ACCRUED NOT LATER THAN THE DATE OF HIS DISCHARGE FROM THE ARMY ON OCTOBER 25, 1945. WHILE IT IS REPORTED THAT THE ADMINISTRATIVE RECORDS PERTAINING TO THIS MATTER HAVE BEEN DESTROYED BY THE DEPARTMENT OF THE ARMY, AS AUTHORIZED BY LAW, THAT FACT IS WITHOUT SIGNIFICANCE UNDER THE CIRCUMSTANCES HERE INVOLVED, SINCE CONSIDERATION OF YOUR CLAIM BY THIS OFFICE WOULD BE BARRED BY THE ACT OF OCTOBER 9, 1940, EVEN IF THE PERTINENT RECORDS HAD NOT BEEN DESTROYED.

WE TRUST THAT YOU WILL UNDERSTAND THAT IN THE CIRCUMSTANCES DISCLOSED WE ARE WITHOUT LEGAL AUTHORITY TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.

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