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B-191693 1 (1978-05-15)

handle is hein.gao/gaobadgac0001 and id is 1 raw text is: I i h s *9g,,THE COMPTRCLLEF MAL DECISION . OPTHU UNITEr rua - WASMINGTON, DC WC S'54u FILE: B-191693 DATE:Hay 15, 1978 - MATTER OF: Joe N. Brown - Combat pay DIGEST: This claim is subject to the 10-year limitation of the act of October 9, 1940, 31 U.S.C. 71a. Since the Lember was discharged from the Army on October 2, 1952, and since the claim was not presented to the General Accounting Office until June 1, 1964, it is barred. This action is in response to a letter from Joe N. Brown, 34 Stevens Street, Buffalo, New York 14215, requesting reconsidera- tion of a'settlement by our Claims Division dated June 19, 196', which disallowed his claim for combat pay believed due incident to hiai service in the 'Tnited States Army during the %)rean War. The record indicates that Mr. Brown's claim for additional combat pay was first received in the General Accounting Office on June 1, 1964, more than 10 years after his discharge from the Army on October 2, 1952. On June 19, 1964, a cattlement was issued by the Claims Diviaion of this Office informing the claimant that since his claim was first received in the General Accounting Office mre than 10 years after it first accrued, it wao barred by the cct of October 9, 1940, 54 Stat. 1061, and that we are therefore, not authorized to take any further action thereon. Further inquiry about Mr. Brown's claim was made on July 10, 1967, by the Disabled American Vetirans, to which the Claims Division responded on July 26, 1967. Mr. Brown wrote to the Army Finance and Accounting Center on October 31, 1977, in further reference to his claim, which letter was forwarded to us for consideration. The act of October , 1940, c. 788, 54 Stat. 1061, 31 U.S.C. 71a (1970) provided in pertinent part that every claim or demand against the United States cognizable by the General Accounting Office (with certain exceptions not applicable here) must be received in thu General Accounting Office within 10 full years after the date it first accrues, or it is forever barred. The limitation was reduced to 6 years by the act of January 2, 1975, Pub. L. 93-604, 88 Stat. 1965. In that connection it is noted that section 205 of the Soldiers' and Sailors' Civil Relief Act of 1940, Octcber 17, 1940, ch. 888,54 Stat. 1181, as amended,

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