B-137519, SEP. 7, 1967

B-137519: Sep 7, 1967

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SINCE CLAIM FOR MUSTERING-OUT PAY BY FORMER PHILIPPINE SCOUT WAS NOT RECEIVED BY GAO WITHIN 10 YEARS OF DATE OF ACCRUAL IT MAY NOT BE CONSIDERED. ADVISES THAT THE OTHER PORTIONS OF YOUR CLAIM HAVE BEEN PROCESSED BY THAT OFFICE. WAS RETURNED TO YOU UNDER DATE OF APRIL 21. YOU WERE ADVISED BY LETTER OF OUR CLAIMS DIVISION DATED JULY 11. THAT THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH ANOTHER AGENCY OF THE UNITED STATES GOVERNMENT IS IMMATERIAL. THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. YOUR CASE IS NO DIFFERENT FROM THAT OF ANY OTHER CLAIMANT WHO FAILS TO ASSERT HIS RIGHTS WITHIN THE TIME ALLOWED FOR CONSIDERATION OF HIS CLAIM AND YOU ARE AGAIN ADVISED THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.

B-137519, SEP. 7, 1967

ARMED SERVICES - MUSTERING-OUT PAY - PHILIPPINE SCOUT DECISION TO CLAIMANT FOR MUSTERING-OUT PAY INCIDENT TO SERVICE AS PHILIPPINE SCOUT. SINCE CLAIM FOR MUSTERING-OUT PAY BY FORMER PHILIPPINE SCOUT WAS NOT RECEIVED BY GAO WITHIN 10 YEARS OF DATE OF ACCRUAL IT MAY NOT BE CONSIDERED. DECISION TO CLAIMANT ON OCT. 21, 1958, AFFIRMED.

TO MR. MARIANO BAYLON:

YOUR APPLICATION FOR ARREARS IN PAY, DD FORM 827, DATED JUNE 23, 1967, HAS BEEN FORWARDED TO THIS OFFICE FOR CONSIDERATION OF THAT PORTION OF YOUR CLAIM WHICH RELATES TO ADDITIONAL MUSTERING-OUT PAY. THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, ADVISES THAT THE OTHER PORTIONS OF YOUR CLAIM HAVE BEEN PROCESSED BY THAT OFFICE.

YOUR CLAIM FOR MUSTERING-OUT PAY, FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 27, 1958, WAS RETURNED TO YOU UNDER DATE OF APRIL 21, 1958, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES IF NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ADVISED BY LETTER OF OUR CLAIMS DIVISION DATED JULY 11, 1958, THAT THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH ANOTHER AGENCY OF THE UNITED STATES GOVERNMENT IS IMMATERIAL. IN OUR DECISION OF OCTOBER 21, 1958, B-137519, WE FULLY EXPLAINED WHY THE ACT OF OCTOBER 9, 1940, PRECLUDES THE CONSIDERATION OF YOUR CLAIM. YOUR LATEST COMMUNICATION PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND AFFORDS NO BASIS FOR MODIFICATION OF OUR EARLIER ACTION IN THIS MATTER.

THE PRIMARY PURPOSE OF THE 1940 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE PROVISIONS OF THE STATUTE, NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. YOUR CASE IS NO DIFFERENT FROM THAT OF ANY OTHER CLAIMANT WHO FAILS TO ASSERT HIS RIGHTS WITHIN THE TIME ALLOWED FOR CONSIDERATION OF HIS CLAIM AND YOU ARE AGAIN ADVISED THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.