B-145215, APR. 3, 1961

B-145215: Apr 3, 1961

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TO MISS FELICIDAD CALASAJAN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3. CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED BY YOU TO HAVE ACCRUED TO YOUR UNCLE. WHILE HE WAS SERVING IN THE UNITED STATES ARMY AS A PHILIPPINE SCOUT. WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AUGUST 24. CONSIDERATION OF SUCH CLAIM WAS BARRED. YOU NOW REQUEST INFORMATION AS TO THE PROPER STEPS YOU SHOULD TAKE IN ORDER TO HAVE YOUR CLAIM RECONSIDERED. ENTITLEMENT TO SUCH AMOUNT WOULD HAVE ACCRUED TO HIM AT THE TIME THE SERVICE WAS PERFORMED. IT IS NECESSARY. TO HAVE A TIME LIMIT ON FILING SUCH CLAIMS AND THE ACT OF OCTOBER 9. WE ARE SORRY TO INFORM YOU THAT NO ACTION ON YOUR PART WOULD PERMIT CONSIDERATION OF YOUR CLAIM IN VIEW OF THE SPECIFIC PROVISIONS OF THE ACT OF OCTOBER 9.

B-145215, APR. 3, 1961

TO MISS FELICIDAD CALASAJAN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3, 1961, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED BY YOU TO HAVE ACCRUED TO YOUR UNCLE, SANTIAGO CALASAJAN, NOW DECEASED, WHILE HE WAS SERVING IN THE UNITED STATES ARMY AS A PHILIPPINE SCOUT, PRIOR TO HIS RETIREMENT IN 1935.

YOUR ORIGINAL CLAIM, RECEIVED IN OUR CLAIMS DIVISION ON AUGUST 24, 1959, WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. AFTER RECEIPT OF YOUR LETTER OF NOVEMBER 9, 1959, REQUESTING RECONSIDERATION, CLAIMS DIVISION LETTER DATED NOVEMBER 25, 1959, ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, BARS THE CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER DATE OF ACCRUAL, AND THAT, SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AUGUST 24, 1959, MORE THAN 10 YEARS AFTER THE DATE OF YOUR UNCLE'S RETIREMENT, CONSIDERATION OF SUCH CLAIM WAS BARRED. YOU NOW REQUEST INFORMATION AS TO THE PROPER STEPS YOU SHOULD TAKE IN ORDER TO HAVE YOUR CLAIM RECONSIDERED.

A STUDY OF YOUR CORRESPONDENCE DOES NOT ESTABLISH THAT ANY AMOUNT REMAINED DUE AND UNPAID TO YOUR UNCLE AT THE TIME OF HIS RETIREMENT. THE EVENT ANY AMOUNT HAD ACCRUED TO HIM WHILE SERVING ON ACTIVE DUTY AND REMAINED UNPAID, ENTITLEMENT TO SUCH AMOUNT WOULD HAVE ACCRUED TO HIM AT THE TIME THE SERVICE WAS PERFORMED, NOT LATER THAN THE DATE OF HIS RETIREMENT IN 1935, MORE THAN 25 YEARS AGO.

THE OFFICIAL RECORDS SHOWING PAYMENTS MADE TO MILITARY PERSONNEL FOR PAY AND ALLOWANCES, ALSO CLOTHING ISSUED IN KIND, SUBSISTENCE AND QUARTERS FURNISHED AND FURLOUGHS AUTHORIZED WOULD BE NECESSARY TO SUPPORT A CLAIM SUCH AS YOURS, BUT SUCH RECORDS MAY NOT BE KEPT AVAILABLE INDEFINITELY. IT IS NECESSARY, THEREFORE, TO HAVE A TIME LIMIT ON FILING SUCH CLAIMS AND THE ACT OF OCTOBER 9, 1940, HAS FIXED THAT TIME LIMIT AS 10 YEARS AFTER THE DATE OF ACCRUAL OF THE CLAIM.

WE ARE SORRY TO INFORM YOU THAT NO ACTION ON YOUR PART WOULD PERMIT CONSIDERATION OF YOUR CLAIM IN VIEW OF THE SPECIFIC PROVISIONS OF THE ACT OF OCTOBER 9, 1940, AND TRUST THAT YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM. THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.