B-160544, JAN. 31, 1967

B-160544, JAN. 31, 1967

TO MRS. FLORENTINA ABUAN Y NONAN

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 16, 1966, PERTAINING TO YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES, MUSTERING OUT PAY, INSURANCE, AND SOCIAL SECURITY BENEFITS BELIEVED TO BE DUE IN THE CASE OF YOUR LATE BROTHER, BERNARDO A. NONAN, WHO DIED ON NOVEMBER 18, 1944, WHILE SERVING IN THE UNITED STATES ARMY.

ON SEPTEMBER 7, 1965, WE RECEIVED FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, A COPY OF YOUR CLAIM LETTER OF JULY 17, 1965, ADDRESSED TO "THE CHIEF BENEFIT OFFICE, MUNITION BUILDING, WASHINGTON 25, D.C.' IN THAT LETTER YOU EXPRESSED THE BELIEF THAT YOU ARE ENTITLED TO THE ARREARS OF PAY AND ALLOWANCES AND OTHER BENEFITS AS THE FOSTER MOTHER OF THE DECEASED MEMBER. SINCE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED BETWEEN THE DATE OF THE DEATH OF YOUR BROTHER, NOVEMBER 18, 1944, AND THE RECEIPT OF YOUR LETTER, OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT UNDER THAT ACT YOUR CLAIM WAS BARRED FROM CONSIDERATION.

THE ACT OF OCTOBER 9, 1940, AS CODIFIED IN 31 U.S.C. 71A, PROVIDES IN PERTINENT PART AS OLLOWS:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * *

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

IN A LETTER DATED NOVEMBER 10, 1965, YOU SAID THAT YOU HAD TIMELY FILED CLAIMS FOR THE PAY AND ALLOWANCES AND BENEFITS AND URGED THAT YOUR CLAIM SHOULD BE ALLOWED. OUR CLAIMS DIVISION ADVISED YOU ON APRIL 29, 1966, THAT YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 7, 1965, AND THAT THE RECORDS FAIL TO REFLECT THE RECEIPT OF ANY PRIOR CLAIM.

YOU SAY IN YOUR LETTER OF NOVEMBER 16, 1966, THAT YOU FILED A CLAIM IN 1945. HOWEVER, AS YOU HAVE BEEN ADVISED, THE ONLY CLAIM WHICH WE HAVE ANY RECORD OF HAVING RECEIVED FROM YOU IS YOUR LETTER WHICH WE RECEIVED ON SEPTEMBER 7, 1965.

THE ACT OF OCTOBER 9, 1940, PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT ACCRUED. HENCE, UNDER THAT ACT IT IS IMMATERIAL WHETHER YOU MAY HAVE FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY OR ANOTHER GOVERNMENT DEPARTMENT OR AGENCY--- OTHER THAN THE GENERAL ACCOUNTING OFFICE--- WITHIN THE 10-YEAR LIMITATION PRESCRIBED IN THE ACT.

SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL SEPTEMBER 7, 1965, THIS OFFICE IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING IT. FURTHERMORE, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE NOR ANY PUBLIC OFFICIAL MAY MAKE EXCEPTIONS TO THE ACT, NOR DOES IT CONFER JURISDICTION UPON THIS OFFICE TO WAIVE ITS PROVISIONS IN ANY PARTICULAR CASE. ACCORDINGLY, THERE IS NO FURTHER ACTION THAT WE MAY TAKE ON YOUR CLAIM FOR THE ARREARS OF PAY AND ALLOWANCES AND MUSTERING-OUT PAY.

THAT PORTION OF YOUR CLAIM CONCERNING INSURANCE AND SOCIAL SECURITY BENEFITS DOES NOT COME UNDER THIS OFFICE. JURISDICTION TO CONSIDER CLAIMS FOR INSURANCE AND SOCIAL SECURITY BENEFITS ON ACCOUNT OF DECEASED MEMBERS OF THE MILITARY SERVICES IS VESTED IN THE VETERANS ADMINISTRATION AND THE SOCIAL SECURITY ADMINISTRATION. SINCE IT APPEARS THAT YOU HAVE BEEN COMMUNICATING WITH SUCH AGENCIES, ANY FURTHER INQUIRY YOU MAY HAVE WITH REGARD TO YOUR CLAIMS FOR INSURANCE AND SOCIAL SECURITY BENEFITS SHOULD BE ADDRESSED TO THOSE AGENCIES.