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B-194382 1 (1979-04-23)

handle is hein.gao/gaobadhdx0001 and id is 1 raw text is: 




                            p  THE   COMPTROLLER GENERAL
   DECISION        .  2      . OF   THE    UNITED       STATES
                               VVWASHINGTON. O.C. 20548




   FILE:  B-194382                    DATE:  April 23, 1979

   MATTER   OF:  Mrs. Gayle Schuchardt-Bauer


   DIGEST:   Claim for Civil War bonus be-l-ieved-de relative)
             who died in the Battle of Gettysburg, may not
             be considered since the act of December 22, 1911,
             37 Stat. 47, 49 precludes consideration of any
             claims in connection with Civil War service not
             received by December 31, 1912.

     This action is the result of a request by Mrs. Gayle Schuchardt-Bauer
for further consideration of her claim for a bonus believed due her
relative who died while in military service during the Civil War. Her
claim was not considered by our Claims Division because it was not
received in this Office within the time limitations prescribed in the
act of October 9, 1940, 54 Stat. 1061, as amended, 31 U.S.C. 71a (1976).

     Mrs. Schuchardt-Bauer indicates that in researching her family
history, she found that her relative,Corporal Ernst Schuchardt, died
at the Battle of Gettysburg during the Civil War. The National
Archives informed her that no bonus was paid in connection with his
service.  She is now claiming that bonus. Her claim may not be
allowed for the following reasons.

     The act of December 22, 1911, 37 Stat. 47, 49 provides in part
as follows:

          No claim for arrears of pay, bounty, or other
     allowances growing out of the service of Volunteers
     who served in the Army of the United States during
     the Civil War shall be received or considered by the
     accounting officers of the Treasury unless filed in
     the office of the Auditor for the War Department on
     or before December thirty-first, nineteen hundred
     and twelve: * **

     Under that law claims of this nature must have been filed by
the stated date, or they may not be considered. This statute
included all claims relating to service in the Civil War and was
applicable to those who had served or those entitled to claim as
survivors.

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