B-150832, MAR. 7, 1963
Highlights
YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 22. WAS BARRED BY THE ACT OF OCTOBER 9. WHICH ACT BARS CLAIMS COGNIZABLE BY THE UNITED STATES GENERAL ACCOUNTING OFFICE WHICH ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUES. WAS NOT BARRED THERE IS NO AUTHORITY TO ALLOW ANY PART OF YOUR CLAIM. WE POINT OUT THAT THE RECORD INDICATES THAT YOUR COMPENSATION INCLUDED AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHICH WAS IN LIEU OF THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE. THIS APPEARS TO HAVE BEEN IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE UNITED STATES AND THE PHILIPPINE GOVERNMENT WHICH ALSO PROVIDED THAT A CHARGE WOULD BE MADE FOR QUARTERS AND SUBSISTENCE IN THE ACCOUNTS DEDUCTED FROM YOUR PAY.
B-150832, MAR. 7, 1963
TO MR. SILVINO L. SAMPAYAN:
YOUR LETTER OF JANUARY 19, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 16, 1962, WHICH DISALLOWED YOUR CLAIM FOR A REFUND OF DEDUCTIONS FOR SUBSISTENCE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENTS OF THE ARMY AND AIR FORCE.
YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 22, 1962, AND THAT PORTION OF YOUR CLAIM PRIOR TO MARCH 22, 1952, WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH ACT BARS CLAIMS COGNIZABLE BY THE UNITED STATES GENERAL ACCOUNTING OFFICE WHICH ARE NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUES.
EVEN IF THAT PART OF YOUR CLAIM PRIOR TO MARCH 22, 1952, WAS NOT BARRED THERE IS NO AUTHORITY TO ALLOW ANY PART OF YOUR CLAIM. THE RECORD SHOWS THAT YOU SIGNED EMPLOYEE AGREEMENTS FOR FILIPINO CITIZENS EMPLOYED FOR OVERSEAS CIVILIAN DUTY IN THE MARIANAS-BONINS COMMAND, WHICH CONTAINED SPECIFIC PROVISIONS AUTHORIZING DEDUCTIONS FOR QUARTERS AND SUBSISTENCE FROM YOUR SALARY. THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE PERTAINED ONLY TO THOSE PERIODS OF TRAVEL BETWEEN GUAM AND THE PHILIPPINES AS SPECIFIED IN SUCH AGREEMENTS.
WE POINT OUT THAT THE RECORD INDICATES THAT YOUR COMPENSATION INCLUDED AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHICH WAS IN LIEU OF THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE. THIS APPEARS TO HAVE BEEN IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE UNITED STATES AND THE PHILIPPINE GOVERNMENT WHICH ALSO PROVIDED THAT A CHARGE WOULD BE MADE FOR QUARTERS AND SUBSISTENCE IN THE ACCOUNTS DEDUCTED FROM YOUR PAY.
IN VIEW OF THE FOREGOING, THERE IS NO PROPER BASIS FOR ALLOWANCE OF A REFUND OF THE SUBSISTENCE DEDUCTIONS MADE FROM YOUR SALARY, AND THE DISALLOWANCE OF YOUR CLAIM MUST BE, AND IS, SUSTAINED.