B-118008, SEP. 27, 1956

B-118008: Sep 27, 1956

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TO JUDGE ADVOCATE GENERAL: REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED AUGUST 7. WHO WAS KILLED IN ACTION ON FEBRUARY 2. THE CLAIM WAS RETURNED TO YOU BECAUSE THE ACT OF OCTOBER 9. THAT CASE WE HELD THAT ENTITLEMENT TO BENEFITS UNDER THE MISSING PERSONS ACT DOES NOT ACCRUE UNTIL AN ADMINISTRATIVE DETERMINATION AS TO DEATH OR OTHER STATUS IS MADE AND. THE TEN-YEAR STATUTE OF LIMITATIONS FOR CONSIDERATION OF CLAIMS FILED IN THE GENERAL ACCOUNTING OFFICE DOES NOT BEGIN FROM THE TIME FOR WHICH PAYMENT IS CLAIMED. HAD NO APPLICATION FOR THE REASON THAT THE DECEDENT WAS KNOWN TO HAVE BEEN KILLED IN ACTION ON FEBRUARY 2. WAS NEVER IN A "MISSING" STATUS. AN ADMINISTRATIVE DETERMINATION AS TO THE DATE OF HIS DEATH WAS UNNECESSARY.

B-118008, SEP. 27, 1956

TO JUDGE ADVOCATE GENERAL:

REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED AUGUST 7, 1956, SIGNED BY ANTONIO S. VINLUAN, MAJOR, JAGS, CHIEF CLAIMS BRANCH, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION DATED JUNE 10, 1954, B-118008, WHICH SUSTAINED THE EARLIER ACTION TAKEN IN RETURNING YOUR CLAIM MADE IN BEHALF OF THE ESTATE OF SATURNINO GUERZON, 10 303 181, A PHILIPPINE SCOUT, U.S. ARMY, WHO WAS KILLED IN ACTION ON FEBRUARY 2, 1942. THE CLAIM WAS RETURNED TO YOU BECAUSE THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 237, BARS OUR CONSIDERATION OF IT.

THE REQUEST FOR RECONSIDERATION REFERS TO OUR DECISION DATED APRIL 30, 1956, B-126763, 35 COMP. GEN. 600, IN THE CASE OF EPIFANIO ENTERIA. THAT CASE WE HELD THAT ENTITLEMENT TO BENEFITS UNDER THE MISSING PERSONS ACT DOES NOT ACCRUE UNTIL AN ADMINISTRATIVE DETERMINATION AS TO DEATH OR OTHER STATUS IS MADE AND, THEREFORE, THE TEN-YEAR STATUTE OF LIMITATIONS FOR CONSIDERATION OF CLAIMS FILED IN THE GENERAL ACCOUNTING OFFICE DOES NOT BEGIN FROM THE TIME FOR WHICH PAYMENT IS CLAIMED, BUT FROM THE DATE OF THE ADMINISTRATIVE DETERMINATION.

IN THE CASE OF SATURNINO GUERZON, THE MISSING PERSONS ACT, 50 U.S.C. APP. 1001-1015, HAD NO APPLICATION FOR THE REASON THAT THE DECEDENT WAS KNOWN TO HAVE BEEN KILLED IN ACTION ON FEBRUARY 2, 1942, AND WAS NEVER IN A "MISSING" STATUS. ACCORDINGLY, AN ADMINISTRATIVE DETERMINATION AS TO THE DATE OF HIS DEATH WAS UNNECESSARY, AND THE DECISION IN THE ENTERIA CASE (35 COMP. GEN. 600) HAS NO APPLICATION TO HIS CASE.

THEREFORE, FOR THE REASONS STATED IN OUR DECISION OF JUNE 10,1954, WE ARE NOT PERMITTED TO TAKE ANY FURTHER ACTION ON THE CLAIM.