B-165705, MAR. 28, 1969

B-165705, MAR. 28, 1969

TO MRS. BERSABE G. VDA DE DAMO:

WE HAVE YOUR LETTER DATED JANUARY 9, 1969, CONCERNING YOUR CLAIM FOR SUBSISTENCE AND QUARTERS ALLOWANCE ON BEHALF OF YOUR HUSBAND, THE LATE CLAUDINIANO R. DAMO. THOSE ALLOWANCES ARE CLAIMED INCIDENT TO HIS SERVICE AS A PHILIPPINE SCOUT DURING THE PERIOD FROM DECEMBER 8, 1941, TO MARCH 1945.

IN A LETTER DATED JANUARY 24, 1968, FROM THE COMMANDER, DISABLED AMERICAN VETERANS, MAKATI, RIZAL, IT IS STATED THAT YOUR HUSBAND WAS NOT FURNISHED QUARTERS OR RATIONS IN KIND "FROM DECEMBER 8, 1941 UNTIL IN OR ABOUT MARCH 1945 WHEN HE RETURNED TO MILITARY CONTROL.' YOU HAVE STATED THAT HE FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1947 FOR ALL BENEFITS DUE HIM BUT ONLY HIS ,PAY-IN-ARREARS WAS GRANTED TO HIM.' YOU ALSO SUGGESTED THAT THE DEPARTMENT OF THE ARMY WAS AN AGENCY OF THE GENERAL ACCOUNTING OFFICE.

APPARENTLY THE CLAIM FILED BY YOUR HUSBAND WITH THE DEPARTMENT OF THE ARMY WAS A CLAIM FOR PAY AND ALLOWANCES DUE HIM FOR THE PERIOD HE WAS INVOLVED IN THE HOSTILITIES DURING WORLD WAR II. UNDER THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001, ET SEQ., THE DEPARTMENT OF THE ARMY HAD AUTHORITY TO CONSIDER AND SETTLE SUCH CLAIMS AND PRESUMABLY YOUR HUSBAND RECEIVED THE AMOUNT DETERMINED TO BE DUE UNDER THAT ACT. YOUR PRESENT LETTER APPEARS TO BE A REQUEST FOR A RECONSIDERATION OF THE DETERMINATION MADE AT THAT TIME BY THE DEPARTMENT OF THE ARMY.

AS YOU WERE ADVISED BY LETTER DATED JANUARY 3, 1969, B-165705, THE DEPARTMENT OF THE ARMY IS NOT AN AGENCY UNDER THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE; BOTH ARE SEPARATE INDEPENDENT AGENCIES OF THE FEDERAL GOVERNMENT. THE GENERAL ACCOUNTING OFFICE IS NOT AUTHORIZED TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT BY THE DEPARTMENT OF THE ARMY BECAUSE THAT ACT MAKES SUCH ADMINISTRATIVE SETTLEMENTS MADE THEREUNDER FINAL AND CONCLUSIVE ON THIS OFFICE. HENCE, CONSIDERING YOUR LETTERS AS REQUESTING REVIEW OF THE 1947 SETTLEMENT IN YOUR HUSBAND'S CASE, SUCH REQUEST MUST BE DENIED.

IT MAY BE STATED, HOWEVER, THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT FOR ITEMS OF PAY AND ALLOWANCES, IN YOUR HUSBAND'S CASE QUARTERS AND RATIONS ALLOWANCES, UNLESS SUCH ALLOWANCES WERE BEING CREDITED TO HIM ON DECEMBER 8, 1941, THE DATE HE ENTERED A STATUS COVERED BY THE ACT. MAKING SETTLEMENT UNDER THAT ACT THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED THAT YOUR HUSBAND WAS NOT BEING PAID SUCH ALLOWANCES AT THAT TIME AND THAT AS A CONSEQUENCE A CREDIT FOR SUCH ALLOWANCES IN HIS ACCOUNT ON AND AFTER THAT DATE WAS NOT PROPER. SECTION 9 OF THAT ACT, AS AMENDED, PROVIDES THAT "ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE.'

IF YOUR LETTERS ARE NOT INTENDED TO REQUEST REVIEW OF THE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY BUT INSTEAD ARE INTENDED TO PRESENT A CLAIM WITHIN THE JURISDICTION OF THIS OFFICE, SUCH CLAIM IS CLEARLY BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237. THAT ACT PROVIDES IN PERTINENT PART THAT:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.' YOUR HUSBAND'S CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON APRIL 1, 1968, MORE THAN 23 YEARS AFTER THE DATE HE RETURNED TO MILITARY CONTROL.

ACCORDINGLY, NO FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM WOULD BE APPROPRIATE.