B-160664, JAN. 31, 1967

B-160664: Jan 31, 1967

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FEDERICO BAISA: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 17. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. OUR RECORDS SHOW THAT THIS MATTER AND OTHER CLAIMS FOR AMOUNTS CLAIMED TO BE DUE INCIDENT TO YOUR SON'S MILITARY SERVICE WERE THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 6. THOSE LETTERS ADVISED THAT THESE CLAIMS WERE BARRED BY THE ACT OF OCTOBER 9. WE HAVE NO RECORD OF HAVING RECEIVED A CLAIM CONCERNING MUSTERING-OUT PAY BASED ON THE ARMY SERVICE OF YOUR SON PRIOR TO A LETTER WRITTEN BY HIS WIFE. UNDER THE PROVISIONS OF THE 1940 BARRING ACT IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM WITHIN THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS.

B-160664, JAN. 31, 1967

TO MR. FEDERICO BAISA:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 17, 1966, ADDRESSED TO THE U.S. ARMY FINANCE CENTER, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, WHEREIN YOU REQUEST PAYMENT OF ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOUR SON, BENITO BAISA (DECEASED), INCIDENT TO HIS DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 12, 1949.

OUR RECORDS SHOW THAT THIS MATTER AND OTHER CLAIMS FOR AMOUNTS CLAIMED TO BE DUE INCIDENT TO YOUR SON'S MILITARY SERVICE WERE THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 6, 1959, JANUARY 18, 1960, AND APRIL 5, 1961. THOSE LETTERS ADVISED THAT THESE CLAIMS WERE BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH 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 * * *.'

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 (GENERAL ACCOUNTING OFFICE). WE HAVE NO RECORD OF HAVING RECEIVED A CLAIM CONCERNING MUSTERING-OUT PAY BASED ON THE ARMY SERVICE OF YOUR SON PRIOR TO A LETTER WRITTEN BY HIS WIFE, YOUR DAUGHTER-IN-LAW, MRS. CONCHITA L. VDA DE BAISA, DATED AUGUST 10, 1959. UNDER THE PROVISIONS OF THE 1940 BARRING ACT IT IS NECESSARY FOR THIS OFFICE TO RECEIVE A CLAIM WITHIN THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS.

SINCE YOUR SON WAS DISCHARGED FROM MILITARY SERVICE ON APRIL 12, 1949, A CLAIM FOR THE AMOUNT, IF ANY, THEN DUE HIM AS MUSTERING-OUT PAY WAS REQUIRED TO HAVE BEEN RECEIVED IN THIS OFFICE ON OR BEFORE APRIL 12, 1959. SINCE NO CLAIM WAS RECEIVED BY US UNTIL AFTER THE LATTER DATE, CONSIDERATION OF SUCH CLAIM IS SPECIFICALLY PROHIBITED BY LAW AND THE ACTION HERETOFORE TAKEN IN THIS MATTER IS SUSTAINED.