B-139817, SEP. 12, 1961
Highlights
ANGELES: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15. YOU WERE ADVISED THAT UNDER APPLICABLE UNITED STATES LAW. YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. SIMILAR ADVICE WAS GIVEN TO THE OFFICE OF THE GOVERNOR. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE ARMY FINANCE CENTER WITHIN THE 10-YEAR PERIOD WOULD NOT SATISFY THE REQUIREMENTS OF THE ACT OF OCTOBER 9. WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9. FURTHER INQUIRY FROM YOU CONCERNING YOUR CLAIM WILL SERVE NO USEFUL PURPOSE.
B-139817, SEP. 12, 1961
TO MR. GENEROSO S. ANGELES:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15, 1961, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED TO BE DUE AT DATE OF DISCHARGE, APRIL 9, 1947, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT.
BY LETTERS OF MARCH 31, 1958, JULY 16, 1958, MARCH 23, 1959, AND SEPTEMBER 19, 1960, AND DECISION OF JUNE 24, 1959, B-139817, YOU WERE ADVISED THAT UNDER APPLICABLE UNITED STATES LAW, YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. SIMILAR ADVICE WAS GIVEN TO THE OFFICE OF THE GOVERNOR, PROVINCE OF PAMPANGA, IN A LETTER DATED MAY 5, 1961. IN THE DECISION OF JUNE 24, 1959, WE SET FORTH THE PROVISIONS OF THE APPLICABLE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND EXPLAINED TO YOU IN DETAIL WHY SUCH STATUTE PRECLUDES US FROM CONSIDERING YOUR CLAIM. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE ARMY FINANCE CENTER WITHIN THE 10-YEAR PERIOD WOULD NOT SATISFY THE REQUIREMENTS OF THE ACT OF OCTOBER 9, 1940.
WE NOTE THAT YOU MAKE REFERENCE TO THE "COURT OF CLAIMS APPEALS" IN YOUR CURRENT LETTER. IT MAY BE STATED, IN THIS CONNECTION, THAT CERTAIN CLAIMS MAY BE MADE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS. HOWEVER, SUCH SUITS, IF FILED, MUST BE COMMENCED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUED. 28 U.S.C. 2501.
WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER, WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9, 1940, SPECIFICALLY PROHIBITS US FROM GIVING CONSIDERATION TO YOUR CLAIM. FURTHER INQUIRY FROM YOU CONCERNING YOUR CLAIM WILL SERVE NO USEFUL PURPOSE.