B-142924, JUN. 28, 1960

B-142924: Jun 28, 1960

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FRANCISCO ABARACOSE: REFERENCE IS MADE TO YOUR LETTER DATED MAY 5. THAT HE WAS ON ACTIVE DUTY FROM THAT DATE UNTIL OCTOBER 25. THAT HE WAS ABSENT WITHOUT LEAVE FROM OCTOBER 26. ON WHICH DATE HE WAS HONORABLY DISCHARGED. YOU CONTEND THAT SINCE THE FORMER ENLISTED MAN WAS NOT DISCHARGED UNTIL JULY 24. THAT THE CLAIM IS NOT BARRED BY THE ACT OF OCTOBER 9. DURING WHICH PERIOD THE ENLISTED MAN WAS ABSENT WITHOUT LEAVE. SINCE NO SERVICE WAS RENDERED BY HIM TO THE GOVERNMENT. PAYMENT OF THE CLAIM FOR THAT PERIOD IS NOT AUTHORIZED. RESPECTING PAY FOR THE PERIOD HE WAS ON ACTIVE DUTY. SINCE CLAIM FOR PAY ACCRUING DURING THAT PERIOD WAS NOT RECEIVED HERE UNTIL MARCH 9. WE ARE PRECLUDED FROM GIVING CONSIDERATION TO SUCH CLAIM BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9.

B-142924, JUN. 28, 1960

TO MR. FRANCISCO ABARACOSE:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 5, 1960, WITH ENCLOSURES, WRITTEN ON BEHALF OF MRS. CORNELIA R. SILGUERA, CONCERNING HER CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE IN THE CASE OF HER MENTALLY INCOMPETENT SON, LEODEGARIO SILGUERA, INCIDENT TO HIS SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS, FROM JUNE 19, 1946, THROUGH JULY 24, 1958.

THE RECORDS SHOW THAT THE FORMER SERVICEMAN ENLISTED IN THE PHILIPPINE SCOUTS ON JUNE 19, 1956; THAT HE WAS ON ACTIVE DUTY FROM THAT DATE UNTIL OCTOBER 25, 1946, AND THAT HE WAS ABSENT WITHOUT LEAVE FROM OCTOBER 26, 1946 TO JULY 24, 1958, ON WHICH DATE HE WAS HONORABLY DISCHARGED. LETTER DATED MARCH 28, 1960, TO MRS. SILGUERA, OUR CLAIMS DIVISION RETURNED THE CLAIM TO HER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH ACT BARS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER SUCH CLAIM ACCRUED. IN THE LETTER OF MAY 5, 1960, YOU CONTEND THAT SINCE THE FORMER ENLISTED MAN WAS NOT DISCHARGED UNTIL JULY 24, 1958, THAT THE CLAIM IS NOT BARRED BY THE ACT OF OCTOBER 9, 1940.

WITH RESPECT TO THE CLAIM FOR THE PERIOD FROM OCTOBER 26, 1946, TO JULY 24, 1958, DURING WHICH PERIOD THE ENLISTED MAN WAS ABSENT WITHOUT LEAVE, NO PAY ACCRUED, SINCE NO SERVICE WAS RENDERED BY HIM TO THE GOVERNMENT. HENCE, IRRESPECTIVE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PAYMENT OF THE CLAIM FOR THAT PERIOD IS NOT AUTHORIZED. RESPECTING PAY FOR THE PERIOD HE WAS ON ACTIVE DUTY, NAMELY, JUNE 19 THROUGH OCTOBER 25, 1946, SUCH PAY ACCRUED ON A DAY TO DAY BASIS. SINCE CLAIM FOR PAY ACCRUING DURING THAT PERIOD WAS NOT RECEIVED HERE UNTIL MARCH 9, 1960, LONG AFTER THE EXPIRATION OF THE 10 YEAR PERIOD, WE ARE PRECLUDED FROM GIVING CONSIDERATION TO SUCH CLAIM BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940, IRRESPECTIVE OF THE DATE OF DISCHARGE, THE ACT MAKING NO EXCEPTION IN THAT REGARD.