B-156068, MAR. 5, 1965
Highlights
ARANDIA: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE JANUARY 26. YOUR CLAIM WAS DENIED BY OUR CLAIMS DIVISION UNDER DATES OF AUGUST 31. COPY OF WHICH WAS SENT TO YOU WITH THE LETTER OF AUGUST 31. THAT ACT WAS INTENDED PRIMARILY TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. WE ARE WITHOUT AUTHORITY TO CONSIDER IT. WE TRUST YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM MAKING EXCEPTIONS AND THAT A CLAIM FOR PAY AND ALLOWANCES FOR MILITARY SERVICE WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE CLAIM ACCRUED IS BARRED. IT IS NOTED THAT YOUR CORRESPONDENCE INCLUDES REFERENCES TO VETERANS ADMINISTRATION PUBLICATIONS.
B-156068, MAR. 5, 1965
TO MAJOR GENERAL ALEJANDRO F. ARANDIA:
REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE JANUARY 26, 1965, WHEREIN YOU AGAIN REQUEST RECONSIDERATION OF THE CLAIM FOR BACK PAY AND ALLOWANCES FILED BY YOU ON BEHALF OF MANY FILIPINOS WHO SERVED UNDER YOUR COMMAND IN A GUERRILLA UNIT DURING WORLD WAR II. YOUR CLAIM WAS DENIED BY OUR CLAIMS DIVISION UNDER DATES OF AUGUST 31, 1964, AND NOVEMBER 13, 1964, ON THE BASIS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AND YOU REQUEST REVERSAL OF THAT ACTION.
THE ACT OF OCTOBER 9, 1940, COPY OF WHICH WAS SENT TO YOU WITH THE LETTER OF AUGUST 31, 1964, PROVIDES THAT CLAIMS 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 OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THAT ACT WAS INTENDED PRIMARILY TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. SINCE YOU WAITED APPROXIMATELY 20 YEARS TO FILE YOUR CLAIM FOR PAY AND ALLOWANCES FOR PERIODS DURING WORLD WAR II, WE ARE WITHOUT AUTHORITY TO CONSIDER IT. WE TRUST YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM MAKING EXCEPTIONS AND THAT A CLAIM FOR PAY AND ALLOWANCES FOR MILITARY SERVICE WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE CLAIM ACCRUED IS BARRED.
IT IS NOTED THAT YOUR CORRESPONDENCE INCLUDES REFERENCES TO VETERANS ADMINISTRATION PUBLICATIONS. IN THIS CONNECTION YOU MAY BE ADVISED THAT THE ACTION TAKEN BY OUR OFFICE IN BARRING YOUR CLAIM FOR PAY AND ALLOWANCES UNDER THE 1940 ACT HAS NO EFFECT ON ANY CLAIM YOU MAY HAVE FILED FOR VETERANS ADMINISTRATION BENEFITS. ALL CLAIMS FOR BENEFITS ADMINISTERED BY THE VETERANS ADMINISTRATION ARE WITHIN THE EXCLUSIVE JURISDICTION OF THAT AGENCY.