B-171774, JUL 18, 1972
Highlights
GATUS: REFERENCE IS MADE TO YOUR LETTER DATED MAY 8. YOU WERE ADVISED IN OUR DECISION OF APRIL 3. THAT YOUR CLAIM WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. WHILE IT MAY BE THAT YOUR ILLNESS WAS THE REASON FOR YOUR DELAY IN MAKING A CLAIM. THE 1940 LAW PROVIDES NO EXCEPTIONS IN SUCH CIRCUMSTANCES NOR IS THERE ANY AUTHORITY CONTAINED THEREIN UNDER WHICH THIS OFFICE MAY WAIVE ANY OF THE PROVISIONS OF THAT ACT OR MAKE ANY EXCEPTIONS TO THE TIME LIMITATION IMPOSED. THE RECORD SHOWS THAT THE FIRST NOTICE WE HAD OF ANY CLAIM ON YOUR BEHALF WAS YOUR LETTER DATED FEBRUARY 28. UNLESS YOU HAVE SOME NEW EVIDENCE RELATING TO YOUR CLAIM NOT PREVIOUSLY CONSIDERED BY THIS OFFICE. IT APPEARS THAT FURTHER CORRESPONDENCE WITH RESPECT THERETO WILL SERVE NO USEFUL PURPOSE.
B-171774, JUL 18, 1972
(NO 2 LINE MATERIAL) (NO 3 LINE MATERIAL)
TO MR. RUBEN C. GATUS:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 8, 1972, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS DURING WORLD WAR II. YOU WERE ADVISED IN OUR DECISION OF APRIL 3, 1972, B-171774, THAT YOUR CLAIM WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A.
YOU URGE THAT THE PROVISIONS OF THE BARRING ACT SHOULD NOT APPLY BECAUSE YOU CONTRACTED VARIOUS ILLNESSES WHICH INCAPACITATED YOU FROM 1951 TO 1965.
WHILE IT MAY BE THAT YOUR ILLNESS WAS THE REASON FOR YOUR DELAY IN MAKING A CLAIM, THE 1940 LAW PROVIDES NO EXCEPTIONS IN SUCH CIRCUMSTANCES NOR IS THERE ANY AUTHORITY CONTAINED THEREIN UNDER WHICH THIS OFFICE MAY WAIVE ANY OF THE PROVISIONS OF THAT ACT OR MAKE ANY EXCEPTIONS TO THE TIME LIMITATION IMPOSED.
THE RECORD SHOWS THAT THE FIRST NOTICE WE HAD OF ANY CLAIM ON YOUR BEHALF WAS YOUR LETTER DATED FEBRUARY 28, 1965, AND RECEIVED HERE ON MARCH 18, 1965, MORE THAN 10 YEARS AFTER YOUR DISCHARGE.
YOUR LETTER OF MAY 8, 1972, PRESENTS NO MATTERS NOT PREVIOUSLY CONSIDERED AND ACCORDINGLY WE ADHERE TO OUR DECISION OF APRIL 3, 1972. IN VIEW OF THE CONSIDERATION GIVEN YOUR CLAIM IN THE PAST AND THE ADVICE FURNISHED YOU, UNLESS YOU HAVE SOME NEW EVIDENCE RELATING TO YOUR CLAIM NOT PREVIOUSLY CONSIDERED BY THIS OFFICE, IT APPEARS THAT FURTHER CORRESPONDENCE WITH RESPECT THERETO WILL SERVE NO USEFUL PURPOSE. THEREFORE, ANY SUCH CORRESPONDENCE RECEIVED FROM YOU IN THE FUTURE WILL BE FILED WITHOUT REPLY.