B-148425, AUG. 10, 1962

B-148425, AUG. 10, 1962

TO MR. ALBERTO EPIZ:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 16, 1962, ADDRESSED TO THE OFFICE OF THE ADJUTANT GENERAL, CONCERNING YOUR CLAIM FOR FOREIGN SERVICE PAY INCIDENT TO SERVICE AS A PHILIPPINE SCOUT. THE LETTER WAS FORWARDED HERE FOR REPLY.

IN YOUR LETTER YOU EXPRESS THE BELIEF THAT THE PAYMENT TO YOU, ON MAY 3, 1957, OF THE THIRD INSTALLMENT OF MUSTERING-OUT PAY CONSTITUTED A RECOGNITION OF YOUR FOREIGN SERVICE, AND ON THAT BASIS YOU SHOULD RECEIVE THE FOREIGN SERVICE ADDITION TO THE REGULAR PAY. YOU ALSO REFER TO OUR DECISION OF APRIL 3, 1962, B-148425, SUSTAINING THE EARLIER DENIAL OF YOUR CLAIM BY THE GENERAL ACCOUNTING OFFICE CLAIMS DIVISION FOR THE REASON THAT THE CLAIM HAD NOT BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS OF ITS ACCRUAL. IN THIS CONNECTION YOU STATE THAT YOU HAD "TOUCHED AN ITEM RELATIVE TO FOREIGN SERVICE FOR THE PAYMENT OF MUSTERING OUT PAY IN 1957.'

YOUR CLAIM WAS DISALLOWED IN OUR DECISION OF APRIL 3, 1962, B 148425, NOT ON ITS MERITS BUT DUE TO THE FACT THAT IT WAS NOT FILED WITHIN THE STATUTORY LIMITATION PERIOD OF 10 YEARS. THE FILING OF A CLAIM BY YOU FOR MUSTERING-OUT PAY WITHIN THAT PERIOD DID NOT EXTEND THE TIME FOR FILING A SEPARATE AND DIFFERENT CLAIM FOR FOREIGN SERVICE PAY, SINCE THE PROHIBITION CONTAINED IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, IS DIRECTED AGAINST THE CONSIDERATION OF "EVERY CLAIM" NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE DATE "SUCH CLAIM FIRST ACCRUED.' ALSO, IT APPEARS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FILED WITH THE DEPARTMENT OF THE ARMY. IN THIS CONNECTION YOU ARE ADVISED THAT THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT DOES NOT MEET THE STATUTORY REQUIREMENT OF FILING THE CLAIM IN THE GENERAL ACCOUNTING OFFICE. NO EXCEPTIONS MAY BE MADE TO THE PROVISIONS OF THE STATUTE NOR MAY ANY EXTENSIONS OF TIME, WITHIN WHICH CLAIMS MAY BE FILED, BE GRANTED.