B-164277, JUN. 19, 1968

B-164277: Jun 19, 1968

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PEDRO LARANJO: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 17. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS DATED SEPTEMBER 25. IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. YOU NOW CONTEND THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FILED WITHIN THE 10-YEAR PERIOD AND YOU HAVE SUBMITTED COPIES OF LETTERS YOU SENT TO THE 172D FINANCE DISBURSING SECTION. THE GENERAL ACCOUNTING OFFICE IS A SEPARATE AND INDEPENDENT AGENCY . IT APPEARS THAT YOU WERE DISCHARGED ON JUNE 17. SINCE THAT WAS THE DATE YOUR CLAIM ACCRUED. IT WAS NECESSARY FOR SUCH CLAIM TO HAVE BEEN RECEIVED HERE ON OR BEFORE JUNE 17. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON SEPTEMBER 20.

B-164277, JUN. 19, 1968

TO MR. PEDRO LARANJO:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 17, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE AS A PHILIPPINE SCOUT IN 1946.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS DATED SEPTEMBER 25, 1961, NOVEMBER 29, 1961, AND FEBRUARY 12, 1968, IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY 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:

"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).

YOU NOW CONTEND THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FILED WITHIN THE 10-YEAR PERIOD AND YOU HAVE SUBMITTED COPIES OF LETTERS YOU SENT TO THE 172D FINANCE DISBURSING SECTION, UNITED STATES ARMY, MANILA, PHILIPPINES, UNDER DATE OF SEPTEMBER 6, 1947, THEIR REPLY DATED AUGUST 13, 1947, AND YOUR SUBSEQUENT LETTER OF MAY 17, 1948, AS PROOF OF A TIMELY FILING.

THE FACT THAT YOU FILED A CLAIM WITH AN ADMINISTRATIVE OFFICE OF THE UNITED STATES ARMY -- THE GENERAL ACCOUNTING OFFICE IS A SEPARATE AND INDEPENDENT AGENCY -- SHORTLY AFTER YOUR DISCHARGE IN 1946, DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, IN ANY WAY. THIS ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED IT MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

IT APPEARS THAT YOU WERE DISCHARGED ON JUNE 17, 1946. SINCE THAT WAS THE DATE YOUR CLAIM ACCRUED, IT WAS NECESSARY FOR SUCH CLAIM TO HAVE BEEN RECEIVED HERE ON OR BEFORE JUNE 17, 1956, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON SEPTEMBER 20, 1961, MORE THAN 15 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED. THE ENCLOSURES FORWARDED WITH YOUR LETTER ARE RETURNED HEREWITH.