B-135125, JUN. 11, 1958
Highlights
BERGULA: REFERENCE IS MADE TO YOUR LETTER OF MAY 7. IS NOT BARRED BY THE STATUTE OF LIMITATIONS INASMUCH AS YOUR BROTHER HAD FILED A CLAIM WITH THE ARMY. THE STATED REASON FOR THAT CONCLUSION BEING THAT WE HAVE NOT BEEN FURNISHED WITH ADEQUATE EVIDENCE REGARDING THE STATUS OF YOUR FATHER. THAT IS TO SAY. WE HAVE NOT BEEN FURNISHED WITH A DEATH REPORT OR A FINDING BY THE DEPARTMENT OF THE ARMY. - THERE IS NO ACTION WHICH OUR OFFICE MAY PROPERLY TAKE IN THIS MATTER. HAVE HERETOFORE ADVISED YOU THAT THE AFFIDAVITS TRANSMITTED WITH YOUR LETTER OF NOVEMBER 30. THAT CONSIDERATION OF THE PENDING CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. WE DID SAY THAT IF YOUR FATHER IS STILL LIVING HE (OR HIS AGENT) WOULD BE THE ONLY PERSON AUTHORIZED TO SUBMIT A CLAIM FOR ANY ARREARS OF PAY DUE IN THIS CASE.
B-135125, JUN. 11, 1958
TO MR. CREGORIO M. BERGULA:
REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1958, TRANSMITTING A LETTER DATED DECEMBER 15, 1947, FROM HEADQUARTERS, PHILIPPINES--- RYUKYUS COMMAND, ACKNOWLEDGING THE RECEIPT OF A LETTER DATED NOVEMBER 18, 1947, FROM MR. FELIX BERGULA, JR., REGARDING YOUR DECEASED FATHER, FELIX D. BERGULA, SR. YOU INDICATE IN YOUR LETTER THAT THE ALLOWANCE OF THE CLAIM FILED BY YOU ON BEHALF ON YOURSELF AND BROTHERS AND SISTER FOR CERTAIN ACTIVE-DUTY PAY AND RETIRED PAY BELIEVED TO BE DUE IN THE CASE OF YOUR FATHER, IS NOT BARRED BY THE STATUTE OF LIMITATIONS INASMUCH AS YOUR BROTHER HAD FILED A CLAIM WITH THE ARMY, AS EVIDENCED BY THE LETTER OF DECEMBER 15, 1947.
IN OUR LETTER OF MARCH 26, 1958, WE ADVISED YOU THAT NO ALLOWANCE MAY BE MADE ON ACCOUNT OF THE CLAIM FILED BY YOU ON BEHALF OF YOURSELF AND YOUR BROTHERS AND SISTER FOR THE ARREARS OF PAY IN THIS CASE, THE STATED REASON FOR THAT CONCLUSION BEING THAT WE HAVE NOT BEEN FURNISHED WITH ADEQUATE EVIDENCE REGARDING THE STATUS OF YOUR FATHER, THAT IS TO SAY, WE HAVE NOT BEEN FURNISHED WITH A DEATH REPORT OR A FINDING BY THE DEPARTMENT OF THE ARMY, WITH A DEATH CERTIFICATE BY A LOCAL OFFICIAL, SUCH AS A CORONER, OR BY A COURT FINDING ESTABLISHING THE FACT OF YOUR FATHER'S DEATH. WE AGAIN WISH TO EMPHASIZE THE POINT THAT UNTIL EVIDENCE HAS BEEN FURNISHED TO ESTABLISH THE FACT OF YOUR FATHER'S DEATH--- A PRIMARY REQUIREMENT--- THERE IS NO ACTION WHICH OUR OFFICE MAY PROPERLY TAKE IN THIS MATTER. HAVE HERETOFORE ADVISED YOU THAT THE AFFIDAVITS TRANSMITTED WITH YOUR LETTER OF NOVEMBER 30, 1957, MAY NOT BE ACCEPTED AS ESTABLISHING THE FACT OF YOUR FATHER'S DEATH.
WE DID NOT ADVISE YOU IN OUR LETTER OF MARCH 26, 1958, THAT CONSIDERATION OF THE PENDING CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. WE DID SAY THAT IF YOUR FATHER IS STILL LIVING HE (OR HIS AGENT) WOULD BE THE ONLY PERSON AUTHORIZED TO SUBMIT A CLAIM FOR ANY ARREARS OF PAY DUE IN THIS CASE, AND THAT CONSIDERATION OF ANY CLAIM NOW FILED FOR PAY WHICH ACCRUED IN, OR BEFORE, 1944, WOULD BE LIMITED BY THE PROVISIONS OF THE CITED ACT.
INSOFAR AS THE LETTER OF DECEMBER 15, 1947, IS CONCERNED, IT APPEARS TO SHOW ONLY THAT UNDER DATE OF NOVEMBER 18, 1947, MR. FELIX BERGULA, JR., ADDRESSED A LETTER TO AN ARMY HEADQUARTERS--- PRESUMABLY WITH REFERENCE TO ANY ARREARS OF PAY THAT MAY HAVE BEEN DUE. THE FILING OF A CLAIM WITH THE ADMINISTRATIVE OFFICE IS NOT THE FILING OF A CLAIM IN THE GENERAL ACCOUNTING OFFICE--- SEE THE ACT OF OCTOBER 9, 1940, AS QUOTED IN OUR LETTER OF MARCH 26, 1958, TO THE EFFECT THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.
FOR THE REASONS INDICATED, WE MUST AGAIN ADVISE YOU THAT THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF THE CLAIM FILED BY YOU.