B-146439, AUG. 15, 1961

B-146439, AUG. 15, 1961

TO MRS. MACARIA DOMINGO:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1961, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN CONNECTION WITH YOUR CLAIM FOR BONUS, INSURANCE AND SOCIAL SECURITY BENEFITS BELIEVED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, VALENTIN CORSINO, WHO SERVED WITH THE HAWAIIAN INFANTRY DURING WORLD WAR I.

THE RECORDS SHOW THAT YOUR LETTER INITIALLY PRESENTING YOUR CLAIM WAS MAILED TO THE DEPARTMENT OF THE ARMY ON JANUARY 23, 1961. THE DEPARTMENT OF THE ARMY FORWARDED THAT LETTER TO OUR OFFICE AND IT WAS RECEIVED ON MARCH 24, 1961. SINCE ANY CLAIM FOR THE $60 BONUS AUTHORIZED INCIDENT TO WORLD WAR I SERVICE WOULD HAVE ACCRUED MORE THAN 10 YEARS, IN FACT OVER 40 YEARS, PRIOR TO RECEIPT OF YOUR CLAIM AND SINCE THERE WAS NO RECORD OF A PREVIOUS CLAIM EVER HAVING BEEN FILED BY YOU, OUR CLAIMS DIVISION, BY LETTER OF MARCH 30, 1961, RETURNED YOUR LETTER TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WHICH PROVIDES IN PERTINENT PART, AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED:* *

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

THE LETTER OF MARCH 30, 1961, CONTAINED THE ADDED STATEMENT THAT CLAIM FOR GOVERNMENT INSURANCE BENEFITS SHOULD BE ADDRESSED TO THE VETERANS ADMINISTRATION, WASHINGTON 25, D.C., AND FOR SOCIAL SECURITY BENEFITS, TO THE BUREAU OF OLD AGE AND SURVIVORS BENEFITS, BALTIMORE, MARYLAND.

THE PURPOSE OF THE ACT OF OCTOBER 9, 1940, IS TO BAR CONSIDERATION OF ANY CLAIM--- WITH EXCEPTIONS NOT MATERIAL HERE--- NOT RECEIVED IN OUR OFFICE WITHIN THE TEN-YEAR PERIOD FIXED THEREIN, REGARDLESS OF THE REASON FOR THE DELAY IN PRESENTATION. THAT ACT MAKES NO PROVISION CONCERNING GEOGRAPHICAL AREAS SO FAR AS ITS EFFECT ON CLAIMS IS CONCERNED, THAT IS, IT DOES NOT DRAW A DISTINCTION BETWEEN CLAIMS PRESENTED BY PERSONS RESIDING WITHIN AND THOSE PRESENTED BY PERSONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. THE FACT THAT THE LAW ENACTED IN THE UNITED STATES DOES NOT IMPLY IN ANY WAY THAT ITS APPLICATION IS TO BE LIMITED TO CLAIMS RECEIVED IN OUR OFFICE AFTER THE EXPIRATION OF THE PRESCRIBED TEN- YEAR TIME LIMITATION FROM PERSONS RESIDING WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES. IT IS FOR EQUAL AND UNIFORM APPLICATION TO EACH AND EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY OUR OFFICE, WHEN SUCH CLAIM IS NOT TIMELY RECEIVED HERE, NO MATTER WHERE THE PERSON CONCERNED WAS LIVING WHEN THE RIGHT FIRST ACCRUED OR WHERE HE LATER MAY RESIDE.

SINCE THE ACT OF OCTOBER 9, 1940, DOES NOT CONFER JURISDICTION UPON OUR OFFICE TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.