B-162846, FEB. 27, 1968
Highlights
ARMED SERVICES - PAY - PHILIPPINE SCOUT DECISION TO FORMER PHILIPPINE SCOUT DENYING CLAIM FOR AMOUNTS DUE FOR MILITARY SERVICE BETWEEN 1914 AND 1915 BECAUSE IT WAS NOT RECEIVED IN GAO UNTILL 1966. SUERTE: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 23. YOU WERE ADVISED IN OUR DECISIONS OF NOVEMBER 22. BARS CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. YOU NOW STATE THAT OVER THE YEARS YOU HAVE MADE CLAIMS TO THE UNITED STATES ARMY. YOU HAVE BEEN ADVISED THAT THIS OFFICE HAS NO JURISDICTION TO CONSIDER CLAIMS RELATING TO . " OR ANY OTHER SIMILAR MATTERS INVOLVING VETERANS' BENEFITS WHICH ARE PAYABLE BY THE VETERANS ADMINISTRATION.
B-162846, FEB. 27, 1968
ARMED SERVICES - PAY - PHILIPPINE SCOUT DECISION TO FORMER PHILIPPINE SCOUT DENYING CLAIM FOR AMOUNTS DUE FOR MILITARY SERVICE BETWEEN 1914 AND 1915 BECAUSE IT WAS NOT RECEIVED IN GAO UNTILL 1966.
TO MR. ROQUE DE LOS R. SUERTE:
REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 23, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS FROM FEBRUARY 28, 1914, TO AUGUST 25, 1915.
YOU WERE ADVISED IN OUR DECISIONS OF NOVEMBER 22, 1967, AND JANUARY 4, 1968, B-162846, THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. YOU NOW STATE THAT OVER THE YEARS YOU HAVE MADE CLAIMS TO THE UNITED STATES ARMY, REMINDING THEM OF "BENEFITS" AND "REWARD" TO WHICH YOU FELT ENTITLED DUE TO YOUR MILITARY SERVICE.
YOU HAVE BEEN ADVISED THAT THIS OFFICE HAS NO JURISDICTION TO CONSIDER CLAIMS RELATING TO ,PENSIONS," "REWARDS," OR ANY OTHER SIMILAR MATTERS INVOLVING VETERANS' BENEFITS WHICH ARE PAYABLE BY THE VETERANS ADMINISTRATION. YOUR LETTER OF FEBRUARY 4, 1966, TO THE ARMY FINANCE CENTER INDICATED THAT YOU HAVE BEEN IN TOUCH WITH THE MANILA REGIONAL OFFICE OF THAT AGENCY. IF YOU HAVE FILED ANY CLAIM FOR VETERANS' BENEFITS AND SUCH CLAIM HAS BEEN DISALLOWED, WE ARE WITHOUT AUTHORITY TO REVIEW THE ACTION TAKEN.
WITH RESPECT TO YOUR CLAIM FOR UNPAID MILITARY PAY AND ALLOWANCES FOR YOUR SERVICE IN THE PHILIPPINE SCOUTS, THE EARLIEST CORRESPONDENCE BETWEEN YOU AND THE ARMY FINANCE CENTER RELATING TO THIS MATTER WHICH HAS BEEN FORWARDED TO THIS OFFICE IS YOUR LETTER OF FEBRUARY 4, 1966. EVEN IF YOU HAD FILED A TIMELY CLAIM WITH APPROPRIATE ARMY AUTHORITY, SUCH ACTION WOULD NOT FURNISH A BASIS WHICH WOULD PERMIT US TO CONSIDER YOUR CLAIM SINCE THE BAR OF THE 1940 ACT MAY BE AVOIDED ONLY IF THE CLAIM IS FILED IN "SAID OFFICE (GENERAL ACCOUNTING OFFICE) WITHIN TEN FULL YEARS" AFTER IT FIRST ACCRUED. OUR OFFICE IS NOT UNDER THE JURISDICTION OF THE DEPARTMENT OF THE ARMY AND THE FILING OF A CLAIM WITH ANY ARMY FINANCE OFFICER OR OFFICE DOES NOT MEET THE REQUIREMENTS OF THE 1940 BARRING ACT.
ACCORDINGLY, WE FIND NO BASIS FOR CHANGING THE ACTION HERETOFORE TAKEN IN THIS MATTER.