B-163614, DEC. 27, 1968

B-163614, DEC. 27, 1968

TO MRS. VICTORIA M. GAHUB:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 25, 1968, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO THE SERVICE OF YOUR SON, FRANCISCO M. GAHUB, AS A MEMBER OF THE UNITED STATES ARMY DURING WORLD WAR II.

IN DECISION OF MARCH 28, 1968, B-163614, WE ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, SPECIFICALLY PRECLUDES THIS OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS RECEIVED HERE ON JUNE 12, 1967, OR MORE THAN 10 YEARS AFTER THE ACCRUAL OF THE CLAIM. THE FAMILY ALLOWANCE WAS AUTHORIZED TO BE PAID DURING THE PERIOD YOUR SON WAS IN THE MILITARY SERVICE AND ANY CLAIM ON ACCOUNT THEREOF ACCRUED DURING THAT PERIOD.

WE FURTHER ADVISED YOU THAT EVEN IF WE WERE NOT PRECLUDED BY THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING YOUR CLAIM, THERE WOULD BE NO LEGAL BASIS UPON WHICH WE COULD GIVE IT FAVORABLE CONSIDERATION. IN THIS CONNECTION, WE POINTED OUT THAT THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED (37 U.S.C. 201 ET SEQ. (1946 ED.) AUTHORIZING PAYMENT OF THE FAMILY ALLOWANCE, WAS REPEALED BY SECTION 515 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 832, EXCEPT AS TO CERTAIN SERVICE MEMBERS WHO WERE ON ACTIVE DUTY ON OCTOBER 1, 1949.

UPON THE REPEAL OF THAT ACT THERE WAS NO LONGER ANY AUTHORITY FOR THE APPROVAL AND PAYMENT OF THE FAMILY ALLOWANCE. APPLICATIONS WHICH HAD BEEN FILED PRIOR TO OCTOBER 1, 1949, BY MEMBERS ON ACTIVE DUTY ON THAT DATE AND NOT ACTED UPON PRIOR TO THE REPEAL WERE SUBSEQUENTLY AUTHORIZED TO BE CONSIDERED BY SECTION 13 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 797. HOWEVER, YOUR SON WAS NOT IN ACTIVE SERVICE ON OCTOBER 1, 1949, AND SECTION 13 OF THE DEPENDENTS ASSISTANCE ACT OF 1950 DOES NOT APPLY IN YOUR CASE.

IN YOUR LETTER OF NOVEMBER 25, 1968, YOU CONTEND THAT YOUR CLAIM WAS TIMELY FILED AND IN SUPPORT OF THIS CONTENTION YOU AGAIN FURNISH A COPY OF YOUR LETTER OF JULY 24, 1949, ADDRESSED TO THE WAR DEPARTMENT, ARMY FINANCE CENTER, OFFICE OF THE CHIEF OF FINANCE, ST. LOUIS, MISSOURI, IN WHICH YOU APPLIED FOR A FAMILY ALLOWANCE. ALSO, YOU URGE PAYMENT OF THE FAMILY ALLOWANCE ON THE BASIS OF THE "NEW VETERANS LAW" WHICH YOU BELIEVE EXEMPTS YOUR CASE FROM THE 10-YEAR LIMITATION AS PRESCRIBED IN THE 1940 LAW.

IN THE DECISION OF MARCH 28, 1968, WE STATED, AMONG OTHER THINGS, THAT THE FILING OF A CLAIM WITH THE WAR DEPARTMENT ON JULY 24, 1949, IS NOT A COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT CLAIMS BE FILED IN THIS OFFICE. THUS YOUR LETTER TO THE WAR DEPARTMENT DOES NOT MEET THE REQUIREMENT OF THAT STATUTE.

THE LAW TO WHICH YOU REFER APPEARS TO BE THE VETERANS' PENSION AND READJUSTMENT ASSISTANCE ACT OF 1967, APPROVED AUGUST 31, 1967, 81 STAT. 178. THAT LAW, IN PROVIDING FOR INCREASES IN THE RATES OF PENSIONS PAYABLE TO CERTAIN VETERANS AND THEIR WIDOWS, ADDITIONAL READJUSTMENT ASSISTANCE FOR VETERANS WHO SERVED AFTER JANUARY 31, 1955, AND OTHER VETERANS' BENEFITS, REMOVED THE TIME LIMITATION FOR A VETERAN APPLYING FOR AN ALLOWANCE NOT EXCEEDING $1,600 ON THE PURCHASE OF A SPECIALLY EQUIPPED AUTOMOBILE.

THE REMOVAL OF THE TIME LIMITATION BY THE 1967 LAW RELATES ONLY TO A CERTAIN CLASS OF VETERANS' BENEFITS -- MONETARY ALLOWANCE ON THE PURCHASE OF A SPECIALLY EQUIPPED AUTOMOBILE -- AND DOES NOT AFFECT THE 10-YEAR TIME LIMITATION AS SET OUT IN THE ACT OF OCTOBER 9, 1940, ON CLAIMS COGNIZABLE BY THIS OFFICE. AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE 1940 LAW PROHIBITS CONSIDERATION OF ANY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS IT SHALL BE RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MORE THAN 10 YEARS AFTER IT FIRST ACCRUED AND, WHILE APPRECIATING YOUR FEELINGS, WE HAVE NO ALTERNATIVE UNDER THE LAW BUT TO AGAIN ADVISE YOU THAT WE ARE PRECLUDED BY THE PROVISIONS OF THE 1940 LAW FROM TAKING ANY FURTHER ACTION ON YOUR CLAIM.