B-151096, MAY 20, 1963

B-151096: May 20, 1963

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AMBROCIO CAPALUNGAN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25. FOR THE REASON THAT IT WAS NOT FILED WITHIN THE 10-YEAR LIMITATION PERIOD AS PRESCRIBED IN THAT ACT AND. WAS BARRED FROM CONSIDERATION BY THIS OFFICE (GENERAL ACCOUNTING OFFICE). THE MATTERS MENTIONED IN YOUR LETTER DO NOT AFFECT THE OPERATION OF THE 1940 LAW INSOFAR AS YOUR CASE IS CONCERNED AND. ANY CLAIM COGNIZABLE BY THIS OFFICE FOR ANY AMOUNT WHICH ACCRUED DURING YOUR SERVICE AS A PHILIPPINE SCOUT IS BARRED. WHETHER YOUR SERVICE IS SUCH AS TO GIVE YOU A RIGHT TO BE RETIRED IS A MATTER FOR THE CONSIDERATION OF THE ADJUTANT GENERAL. WE ARE INFORMED THAT YOUR INQUIRY RELATING TO SOCIAL SECURITY OLD AGE BENEFITS SHOULD BE ADDRESSED TO THE UNITED STATES VETERANS ADMINISTRATION UNIT.

B-151096, MAY 20, 1963

TO MR. AMBROCIO CAPALUNGAN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25, 1963, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR RETIREMENT, SOCIAL SECURITY OLD AGE, AND OTHER BENEFITS BELIEVED TO BE DUE IN CONNECTION WITH YOUR SERVICE AS A PHILIPPINE SCOUT DURING THE PERIOD 1922 TO 1932.

ON JULY 3, 1962, OUR CLAIMS DIVISION, IN COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, RETURNED YOUR INITIAL CLAIM, AS PRESENTED IN YOUR LETTER OF MAY 23, 1962, FOR THE REASON THAT IT WAS NOT FILED WITHIN THE 10-YEAR LIMITATION PERIOD AS PRESCRIBED IN THAT ACT AND, THEREFORE, WAS BARRED FROM CONSIDERATION BY THIS OFFICE (GENERAL ACCOUNTING OFFICE). RESPONDING TO YOUR SUBSEQUENT LETTER OF NOVEMBER 26, 1962, THAT DIVISION ADVISED YOU ON DECEMBER 14, 1962, CONCERNING THE EFFECT AND APPLICATION OF THAT 1940 LAW.

YOU NOW ASK FOR A "MORE REALISTIC REEXAMINATION" OF YOUR CLAIM AND YOU BASE YOUR REQUEST ON THE PREMISE THAT THE LATE FILING OF SUCH CLAIM SHOULD BE EXCUSED BECAUSE OF "UNFORESEEN" WORLD EVENTS WHICH OCCURRED AFTER THE ENACTMENT OF THE 1940 LAW. THE MATTERS MENTIONED IN YOUR LETTER DO NOT AFFECT THE OPERATION OF THE 1940 LAW INSOFAR AS YOUR CASE IS CONCERNED AND, HENCE, ANY CLAIM COGNIZABLE BY THIS OFFICE FOR ANY AMOUNT WHICH ACCRUED DURING YOUR SERVICE AS A PHILIPPINE SCOUT IS BARRED.

A RIGHT TO RETIRED PAY ACCRUES INCIDENT TO MILITARY SERVICE ONLY IF THE PERSON CLAIMING SUCH RIGHT MEETS THE CONDITIONS OF SOME STATUTE AUTHORIZING THAT PAY. WHILE WE KNOW OF NO LAW AUTHORIZING RETIRED PAY IN YOUR CASE, WHETHER YOUR SERVICE IS SUCH AS TO GIVE YOU A RIGHT TO BE RETIRED IS A MATTER FOR THE CONSIDERATION OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C. WE ARE INFORMED THAT YOUR INQUIRY RELATING TO SOCIAL SECURITY OLD AGE BENEFITS SHOULD BE ADDRESSED TO THE UNITED STATES VETERANS ADMINISTRATION UNIT, MANILA, REPUBLIC OF THE PHILIPPINES.