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B-159791, AUG. 23, 1966

B-159791 Aug 23, 1966
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VICTORIANO ELIO: REFERENCE IS MADE TO YOUR LETTER DATED JULY 2. YOUR CLAIM WAS RECEIVED IN THIS OFFICE OCTOBER 25. WAS RETURNED TO YOU BY LETTER DATED NOVEMBER 5. YOU WERE ADVISED IN THE LETTER THAT THAT ACT BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED AND. SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED. IT WAS BARRED AND WE WERE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION THEREON. STATING THAT YOU WERE UNABLE TO FILE IT PREVIOUSLY BECAUSE OF PHYSICAL INCAPACITY. WHILE YOU MAY HAVE BEEN PHYSICALLY INCAPACITATED TO MAKE CLAIM. CERTIFYING THAT YOU WERE TREATED FROM APRIL 1 TO MAY 21.

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B-159791, AUG. 23, 1966

TO MR. VICTORIANO ELIO:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 2, 1966, IN REPLY TO LETTER OF OUR CLAIMS DIVISION DATED MARCH 11, 1966, WHICH ADVISED YOU THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, THIS OFFICE MAY NOT CONSIDER YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY AS A PHILIPPINE SCOUT.

YOUR CLAIM WAS RECEIVED IN THIS OFFICE OCTOBER 25, 1965, AND WAS RETURNED TO YOU BY LETTER DATED NOVEMBER 5, 1965, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. YOU WERE ADVISED IN THE LETTER THAT THAT ACT BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED AND, SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED, IT WAS BARRED AND WE WERE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION THEREON. BY LETTER DATED JANUARY 4, 1965 (1966), YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM, STATING THAT YOU WERE UNABLE TO FILE IT PREVIOUSLY BECAUSE OF PHYSICAL INCAPACITY. IN REPLY, OUR CLAIMS DIVISION AGAIN ADVISED YOU BY LETTER DATED MARCH 11, 1966, THAT THE ACT OF OCTOBER 9, 1940, BARS CLAIMS AGAINST THE UNITED STATES IF NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED AND THAT, WHILE YOU MAY HAVE BEEN PHYSICALLY INCAPACITATED TO MAKE CLAIM, THE ACT MAKES NO EXCEPTIONS TO THE NECESSITY FOR CLAIMING WITHIN 10 YEARS.

IN YOUR PRESENT LETTER YOU ENCLOSE AN AFFIDAVIT FROM THE MUNICIPAL HEALTH OFFICER, DEPARTMENT OF HEALTH, PULUPANDAN, NEGROS OCCIDENTAL, REPUBLIC OF THE PHILIPPINES, DATED JULY 6, 1966, CERTIFYING THAT YOU WERE TREATED FROM APRIL 1 TO MAY 21, 1948, FOR PULMONARY TUBERCULOSIS IN EXPLANATION OF YOUR INABILITY TO FILE CLAIM WITHIN THE PRESCRIBED TIME LIMIT OF THE ACT OF OCTOBER 9, 1940.

AS YOU HAD BEEN PREVIOUSLY ADVISED, THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE, NOR ANY PUBLIC OFFICIAL, MAY MAKE EXCEPTIONS TO THE PROVISIONS OF THE STATUTE, EVEN WHERE FAILURE TO FILE THE CLAIM ON TIME IS SHOWN TO HAVE RESULTED DIRECTLY FROM PHYSICAL INCAPACITY. HENCE, WE TRUST THAT YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW AND THAT THERE IS NO ACTION WHICH WE MAY TAKE IN THE MATTER.

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