Page:United States Statutes at Large Volume 65.djvu/690

 656 Approval of procedures.

PUBLIC LAW 220—OCT. 25, 1951

[65

STAT.

fraud: Provided, That procedures set up by the Secretaries of the Army, Navy, and Air Force in accordance with this subsection shall Request for correc- be approved by the Secretary of Defense: Provided further, That no tive action. corrective action shall be taken under this subsection unless the request therefor be filed by claimant, his heirs at law, or legal representatives within three years after his or their discovery of the alleged error or injustice, or within ten years after the date of enactment of Failure to file re- this Act, whichever be the later: Provided further, That the failure quest. to file the request by claimant, his heirs at law, or legal representative, within three years after his or their discovery of thp alleged error or injustice may be excused by such board of civilian oflScers or employees of the respective Departments upon finding by it that it is in the interest of justice to excuse such failure to file within the prescribed time in which event action shall be taken in the same manner as if the request had been filed within the three years as prescribed herein, Authority to p a y "(b) The Department concerned is authorized to pay, out of applicertain claims. cable current appropriations, claims of any persons, their heirs at law or legal representatives as hereinafter provided, of amounts paid as fines, forfeitures, or for losses of pay (including retired or retirement pay), allowances, compensation, emoluments, or other monetary benefits, as the case may be, which are found to be due on account of military or naval service as a result of the action heretofore taken pursuant to section 207 of the Legislative Reorganization Act of 1946, Deceased persons. or hereafter taken pursuant to subsection (a) of this section: Provided, That in the case of deceased persons where no demand is presented by a duly appointed legal representative of the estate, payments otherwise due hereunder shall be made to the decedent's widow, widower, legal heirs, or beneficiaries, in the order of precedence or succession as may be prescribed by the applicable provisions of law relating to the kind of payment involved and when not otherwise so provided, in the order of precedence as set forth in the Act of February 25, 1946 (60 14 U.S.C. § 136a Stat. 30), or as may be prescribed by the applicable provisions of law and note; 42 U. 8. C. {225;10 U.S.O. J 868. relating to the kind of payment involved. "(1) This subsection shall not be deemed to authorize the payment of any claim heretofore compensated by Congress through enactment of a private law. Acceptance of settle"(c) The acceptance by the claimant of any settlement made purment. suant to subsection (b) of this section shall constitute a complete release by the claimant of any claim against the United States on account of such correction of record. Availability of ap" (d) Applicable current appropriations shall be available for paypropriations. ment of such sums as may be due for continuing the pay (including retired or retirement p a v), allowances, compensation, emoluments, and other monetary benefits to persons who shall have received payment pursuant to the provisions of subsection (b) of this section and who may be entitled to such continuing payments as a result of the C o n t i n u i n g p a y - correction of their military or naval records: Provided, That conments. tinuing payments are authorized to be made to such personnel for not more m a n one year following the date of the correction or one year following the date of enactment of this Act, whichever be the later, without the necessity of reenlistment, appointment, or reappointment to the grade, rank, or office to which such pay (including retired or retirement p a y), allowances, compensation, emoluments, and other monetary benefits are attached, and such reenlistments, appointments, and reappointments are hereby authorized by the Secretary concerned without regard to other qualifications. Report s to Con"(e) The Secretary of Defense and the Secretary of the Treasury, gress. for their respective Departments, shall make semi-annual reports to the Congress of all claims paid under this subsection during the period

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