B-159661, JUL. 21, 1966

B-159661: Jul 21, 1966

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PHILIPPINE ARMY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 12. - WHICH WAS FORWARDED TO THIS OFFICE FOR APPROPRIATE ACTION. THIS MATTER WAS THE SUBJECT OF OUR SETTLEMENT DATED JULY 30. WHICH ADVISED YOU THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. YOU STATE THAT YOUR CLAIM WAS FILED AUGUST 16. ARMY FINANCE CENTER AND SINCE SUCH CLAIM WAS ACKNOWLEDGED BY THE CENTER WELL WITHIN THE TIME LIMITATION IMPOSED BY THE ACT. YOU FEEL THAT THE LEGAL REQUIREMENTS RELATING TO THE TIMELY FILING OF YOUR CLAIM HAVE BEEN SATISFIED. WHICH WAS RECEIVED HERE ON MAY 24. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AND SUCH CLAIM WAS NOT FORWARDED FOR OUR CONSIDERATION.

B-159661, JUL. 21, 1966

TO OFFICE OF THE ARMY INSPECTOR GENERAL, HEADQUARTERS, PHILIPPINE ARMY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 12, 1966, TO THE U.S. ARMY FINANCE CENTER--- WHICH WAS FORWARDED TO THIS OFFICE FOR APPROPRIATE ACTION--- CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING OUT PAY BELIEVED DUE YOU BASED ON YOUR DISCHARGE FROM MILITARY SERVICE ON MAY 27, 1949, AS A PHILIPPINE SCOUT, UNITED STATES ARMY. THIS MATTER WAS THE SUBJECT OF OUR SETTLEMENT DATED JULY 30, 1965, WHICH ADVISED YOU THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A. THAT ACT READS IN PERTINENT PART:

"/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 * * *.'

YOU STATE THAT YOUR CLAIM WAS FILED AUGUST 16, 1957, WITH THE U.S. ARMY FINANCE CENTER AND SINCE SUCH CLAIM WAS ACKNOWLEDGED BY THE CENTER WELL WITHIN THE TIME LIMITATION IMPOSED BY THE ACT, YOU FEEL THAT THE LEGAL REQUIREMENTS RELATING TO THE TIMELY FILING OF YOUR CLAIM HAVE BEEN SATISFIED.

THIS OFFICE HAS NO RECORD OF ANY CLAIM BEING PRESENTED BY YOU OR ON YOUR BEHALF PRIOR TO YOUR LETTER DATED APRIL 24, 1965, WHICH WAS RECEIVED HERE ON MAY 24, 1965. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AND SUCH CLAIM WAS NOT FORWARDED FOR OUR CONSIDERATION, SUCH ACTION OR LACK OF ACTION COULD NOT IN ANY WAY AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940. BY THE PROVISIONS OF THAT STATUTE, IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM BEFORE THE 10-YEAR PERIOD HAS ELAPSED, IF SUCH CLAIM IS TO BE RECOGNIZED AND ITS MERITS CONSIDERED.

SINCE YOU WERE DISCHARGED FROM THE SERVICE ON MAY 27, 1949, AND YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE ON OR BEFORE MAY 27, 1959, CONSIDERATION OF SUCH CLAIM IS SPECIFICALLY PROHIBITED BY LAW AND THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED JULY 30, 1965, IS SUSTAINED.