B-155601, DEC. 28, 1964

B-155601: Dec 28, 1964

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CASTILLO: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. AGAIN REQUESTING REVIEW OF YOUR CLAIM FOR (1) ADJUSTMENT IN MUSTERING-OUT PAY BETWEEN THE AMOUNT PAID TO YOU IN PHILIPPINE PESOS AND THE AMOUNT YOU BELIEVE YOU SHOULD HAVE BEEN PAID IN UNITED STATES DOLLARS. SINCE IT WAS NOT FILED UNTIL MORE THAN 10 YEARS AFTER THE DATE OF ACCRUAL. THE FIRST CLAIM RECEIVED FROM YOU FOR ADDITIONAL PAY AND ALLOWANCES INCIDENT TO YOUR SERVICE IN THE ARMY WAS POSTMARKED MARCH 29. THAT CLAIM WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE FOREVER BARRED UNLESS RECEIVED IN THIS OFFICE WITHIN 10 YEARS FROM THE DATE THE CLAIM FIRST ACCRUED. THE PRIMARY PURPOSE OF THAT ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS.

B-155601, DEC. 28, 1964

TO MR. VALERIANO S. CASTILLO:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1964, AGAIN REQUESTING REVIEW OF YOUR CLAIM FOR (1) ADJUSTMENT IN MUSTERING-OUT PAY BETWEEN THE AMOUNT PAID TO YOU IN PHILIPPINE PESOS AND THE AMOUNT YOU BELIEVE YOU SHOULD HAVE BEEN PAID IN UNITED STATES DOLLARS, (2) PAY AND ALLOWANCES FOR UNUSED LEAVE AND (3) INCREASES IN PAY UNDER THE ACT OF JUNE 29, 1946, CH. 523, 60 STAT. 343, AND THE ACT OF OCTOBER 12, 1949, CH. 681, 63 STAT. 802. YOU ALLEGE ENTITLEMENT TO THESE ITEMS AS OF THE DATE OF YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES ON FEBRUARY 18, 1946, AND YOU PROTEST THE ACTION TAKEN BY OUR CLAIMS DIVISION BY LETTER OF SEPTEMBER 25, 1964, IN TREATING YOUR CLAIM AS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, SINCE IT WAS NOT FILED UNTIL MORE THAN 10 YEARS AFTER THE DATE OF ACCRUAL.

THE FIRST CLAIM RECEIVED FROM YOU FOR ADDITIONAL PAY AND ALLOWANCES INCIDENT TO YOUR SERVICE IN THE ARMY WAS POSTMARKED MARCH 29, 1963, AND BY LETTER OF MAY 23, 1963, THAT CLAIM WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940. UNDER THE PROVISIONS OF THAT ACT, CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE FOREVER BARRED UNLESS RECEIVED IN THIS OFFICE WITHIN 10 YEARS FROM THE DATE THE CLAIM FIRST ACCRUED. THE PRIMARY PURPOSE OF THAT ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING OR GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS.

AS YOU WERE ADVISED IN CLAIMS DIVISION LETTER OF SEPTEMBER 25, 1964, THE 1940 ACT PROHIBITS CONSIDERATION OF YOUR CLAIM ON ITS MERITS. WITH RESPECT TO THE PART OF YOUR CLAIM RELATING TO PAY INCREASES UNDER THE 1946 AND 1949 ACTS, HOWEVER, YOU MAY BE ADVISED THAT SUCH ACTS DID NOT AUTHORIZE RETROACTIVE PAY INCREASES. SINCE YOU WERE COMPLETELY SEPARATED FROM THE SERVICE PRIOR TO ENACTMENT OF EITHER OF THOSE ACTS, NO RIGHT TO THE PAY INCREASES PROVIDED THEREBY COULD HAVE ACCRUED TO YOU.

THE ACTION TAKEN BY THE CLAIMS DIVISION IN LETTER OF SEPTEMBER 25, 1964, BARRING YOUR CLAIM, IS SUSTAINED.