B-144211, NOV. 7, 1960

B-144211, NOV. 7, 1960

TO MR. AMADO C. BOAC:

YOUR LETTER OF SEPTEMBER 21, 1960, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR REFUND OF ALLEGED OVERDEDUCTIONS OF SUBSISTENCE AND QUARTERS CHARGES WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF AUGUST 22, 1960.

CONCERNING THAT PART OF YOUR CLAIM WHICH IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, YOU SAY THAT YOUR CLAIM, WHICH WAS RECEIVED IN OUR OFFICE ON JUNE 15, 1960, WAS MAILED AT THE POST OFFICE OF SAN FABIAN, PANGASINAN, PHILIPPINES ON JULY 10, 1960, AND PRESUMABLY WAS DELAYED DURING TRANSIT. AS WE ADVISED YOU IN OUR OFFICE SETTLEMENT, THE ABOVE CITED ACT EXPRESSLY BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD AFTER THE DATE SUCH CLAIM ACCRUED. THEREFORE IT IS THE DATE OF RECEIPT IN OUR OFFICE RATHER THAN THE DATE OF MAILING WHICH IS CONTROLLING UNDER LAW.

WE HAVE REVIEWED YOUR CLAIM IN THE LIGHT OF YOUR STATEMENT THAT THE AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES REGARDING FILIPINOS HIRED OVERSEAS IN U.S. MILITARY INSTALLATIONS, PROVIDED FOR A CHARGE OF $0.50 A MONTH FOR QUARTERS RATHER THAN $1.00 AS MADE. ALSO, YOU SAY THAT THE CHARGE FOR MEALS SHOULD BE $0.25 AND NOT $0.40 AS MADE. THE REFERENCED AGREEMENT PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * THE CHARGES FOR QUARTERS AND SUBSISTENCE WILL BE AS FOLLOWS:

"/A) QUARTERS - 2 PESOS PER MONTH

"/B) SUBSISTENCE (90 CENTAVOS PER DAY FOR THE PHILIPPINE SCOUT RATION, OR 1 PESO 50 CENTAVOS PER DAY FOR THE REGULAR U.S. ARMY RATION, WHICHEVER IS FURNISHED.'

AT THE OFFICIAL RATE OF EXCHANGE THE PESO APPEARS TO HAVE BEEN WORTH ?50. SINCE THE RECORD SHOWS THAT ?47 WAS DEDUCTED EACH PAY PERIOD (TWO WEEKS) FOR QUARTERS AND THAT ?587 PER DAY WAS DEDUCTED FOR SUBSISTENCE THE AMOUNTS SO DEDUCTED WERE NOT IN EXCESS OF THE DEDUCTIONS PROVIDED FOR IN THE PHILIPPINE AGREEMENT OF 1947.

THEREFORE, UPON REVIEW OUR SETTLEMENT OF AUGUST 22, 1960, MUST BE AND IS SUSTAINED.