B-160308, NOV. 3, 1966

B-160308: Nov 3, 1966

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BARTOLOME CAS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7. OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 22. IN EACH OF THOSE LETTERS YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU CONCERNING MUSTERING-OUT PAYMENTS. WHICH WAS RECEIVED IN THIS OFFICE ON OCTOBER 1. SINCE YOU WERE DISCHARGED FROM MILITARY SERVICE ON MARCH 10. YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE ON OR BEFORE MARCH 10. CONSIDERATION THEREOF IS PRECLUDED BY LAW.

B-160308, NOV. 3, 1966

TO MR. BARTOLOME CAS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7, 1966, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE ON MARCH 10, 1949, AS A PHILIPPINE SCOUT.

OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 22, 1962, JANUARY 9, 1963, AND AUGUST 2, 1966. IN EACH OF THOSE LETTERS YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 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 AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (THE GENERAL ACCOUNTING OFFICE).

WE HAVE NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU CONCERNING MUSTERING-OUT PAYMENTS, PRIOR TO YOUR LETTER DATED SEPTEMBER 9, 1962, WHICH WAS RECEIVED IN THIS OFFICE ON OCTOBER 1, 1962. IF YOU FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT AT AN EARLIER DATE, THAT FACT WOULD NOT IN ANY WAY AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT EVERY CLAIM BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED.

SINCE YOU WERE DISCHARGED FROM MILITARY SERVICE ON MARCH 10, 1949, AND YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE ON OR BEFORE MARCH 10, 1959, CONSIDERATION THEREOF IS PRECLUDED BY LAW.