B-159478, JUL. 7, 1966

B-159478: Jul 7, 1966

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DOMINGO VENTENILLA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 17. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 29. IT WAS RETURNED TO YOU BY THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT CONSIDERATION THEREOF IS BARRED BY THE ACT OF OCTOBER 9. A COPY OF WHICH WAS FURNISHED YOU. YOU ALSO WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE ACT OF OCTOBER 9. SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM SERVICE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE. YOU WERE FURTHER ADVISED THAT THE GENERAL ACCOUNTING OFFICE AND THE DEPARTMENT OF THE ARMY ARE SEPARATE AND DISTINCT AGENCIES OF THE GOVERNMENT AND THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH OUR OFFICE.

B-159478, JUL. 7, 1966

TO MR. DOMINGO VENTENILLA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1966, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR UNUSED LEAVE AND TRAVEL PAY BELIEVED DUE YOU UPON DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 22, 1949.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 29, 1959, AND ON JULY 27, 1959, IT WAS RETURNED TO YOU BY THE CLAIMS DIVISION OF OUR OFFICE FOR THE REASON THAT CONSIDERATION THEREOF IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, A COPY OF WHICH WAS FURNISHED YOU. THIS ACT PROVIDES IN PERTINENT PART AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * *.

"/2) WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

BY LETTERS DATED OCTOBER 5, 1960, AND NOVEMBER 30, 1960, YOU ALSO WERE ADVISED THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE ACT OF OCTOBER 9, 1940, SINCE MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM SERVICE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE. IN THE LETTER OF NOVEMBER 30, 1960, YOU WERE FURTHER ADVISED THAT THE GENERAL ACCOUNTING OFFICE AND THE DEPARTMENT OF THE ARMY ARE SEPARATE AND DISTINCT AGENCIES OF THE GOVERNMENT AND THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH OUR OFFICE.

IN YOUR LETTER OF MAY 17, 1966, YOU REQUEST THAT YOUR CLAIM BE RECONSIDERED UNDER THE ACT OF JUNE 24, 1965, PUBLIC LAW 89-50, 79 STAT. 173. THIS LAW WAS ENACTED TO AUTHORIZE MUSTERING-OUT PAY TO A SMALL NUMBER OF OFFICERS WHO WERE INTEGRATED INTO THE REGULAR ARMY OR AIR FORCE AFTER JUNE 26, 1950, AND BEFORE JULY 16, 1952, AND WHO WERE OTHERWISE PRECLUDED FROM RECEIVING THE MUSTERING-OUT PAY BY REASON OF THEIR FAILURE TO MAKE APPLICATION THEREFOR PRIOR TO THE STATUTORY DEADLINE DATE OF JULY 17, 1959. ITS PROVISIONS WERE NOT INTENDED TO IN ANY WAY AMEND OR ABRIDGE THE APPLICATION OF THE ABOVE-QUOTED PROVISIONS OF THE ACT OF OCTOBER 9, 1940, IN THE MATTER OF CLAIMS AGAINST THE UNITED STATES. THUS, IT IS NOT FOR CONSIDERATION IN CONNECTION WITH YOUR CLAIM.

SINCE UNDER THE ACT OF OCTOBER 9, 1940, WE ARE PRECLUDED FROM CONSIDERING YOUR CLAIM, THERE IS NO FURTHER ACTION OUR OFFICE MAY TAKE ON THE CLAIM.