B-143605, AUG. 15, 1960

B-143605: Aug 15, 1960

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ANDRES ARABINING: REFERENCE IS MADE TO YOUR LETTER DATED JULY 1. FROM WHICH ORGANIZATION YOU WERE DISCHARGED ON OCTOBER 11. YOUR CLAIM WAS FIRST RECEIVED IN OUR CLAIMS DIVISION ON SEPTEMBER 16. BARS THE CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE CLAIM FIRST ACCRUED AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL SEPTEMBER 15. THE DATE YOU WERE MUSTERED OUT OF SERVICE. CONSIDERATION OF SUCH CLAIM WAS BARRED. IF THERE ARE NOT SOME OTHER BENEFITS TO WHICH YOU ARE ENTITLED AS THE RESULT OF YOUR MILITARY SERVICE. CONSIDERATION OF ANY CLAIM FOR SUCH PAY AND ALLOWANCES WHICH WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS FROM THE DATE SUCH RIGHT ACCRUED.

B-143605, AUG. 15, 1960

TO MR. ANDRES ARABINING:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 1, 1960, CONCERNING YOUR CLAIM FOR BACK PAY AS A MEMBER OF THE PHILIPPINE SCOUTS, FROM WHICH ORGANIZATION YOU WERE DISCHARGED ON OCTOBER 11, 1913.

YOUR CLAIM WAS FIRST RECEIVED IN OUR CLAIMS DIVISION ON SEPTEMBER 16, 1957, HAVING BEEN FORWARDED BY LETTER DATED SEPTEMBER 10, 1957, FROM THE DEPARTMENT OF THE ARMY. ON SEPTEMBER 27, 1957, THE CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. AFTER THE RECEIPT OF YOUR LETTER OF OCTOBER 14, 1957, CONCERNING THE MATTER, THE CLAIMS DIVISION BY LETTER DATED NOVEMBER 13, 1957, ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, BARS THE CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE CLAIM FIRST ACCRUED AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL SEPTEMBER 15, 1957, MORE THAN TEN YEARS AFTER OCTOBER 11, 1913, THE DATE YOU WERE MUSTERED OUT OF SERVICE, CONSIDERATION OF SUCH CLAIM WAS BARRED.

IN THE LETTER OF JULY 1, 1960, YOU ASK, IN EFFECT, IF THERE ARE NOT SOME OTHER BENEFITS TO WHICH YOU ARE ENTITLED AS THE RESULT OF YOUR MILITARY SERVICE. THE RIGHT, IF ANY, YOU HAD TO BACK PAY AND ALLOWANCES OF ANY KIND BY VIRTUE OF YOUR SERVICE IN THE PHILIPPINE SCOUTS ACCRUED ON OR BEFORE OCTOBER 11, 1913, AND CONSIDERATION OF ANY CLAIM FOR SUCH PAY AND ALLOWANCES WHICH WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS FROM THE DATE SUCH RIGHT ACCRUED, IS BARRED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940.

CERTAIN BENEFITS NOT RELATED TO MATTERS OF PAY AND ALLOWANCES ACCRUE TO MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES OF THE UNITED STATES UNDER LAWS ADMINISTERED BY THE VETERANS ADMINISTRATION. YOUR LETTER INDICATES THAT YOU HAVE CLAIMED SUCH BENEFITS BUT THAT YOU HAVE BEEN INFORMED BY THAT AGENCY THAT YOU ARE NOT ELIGIBLE FOR SUCH BENEFITS. DECISIONS AND DETERMINATIONS BY THE VETERANS ADMINISTRATION IN MATTERS SUCH AS THIS ARE EXCLUSIVELY WITHIN ITS JURISDICTION AND MAY NOT BE QUESTIONED BY USE.

WE TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM FOR PAY AND ALLOWANCES AND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.