B-165648, DEC. 24, 1968

B-165648: Dec 24, 1968

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ZOILO FLOVERA: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 8. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 7. IN WHICH YOU WERE ADVISED THAT PRIOR TO THE ARMED FORCES LEAVE ACT OF 1946. NO PROVISION OF LAW EXISTED WHICH WOULD HAVE PERMITTED PAYMENT FOR ACCRUED BUT UNUSED LEAVE UPON DISCHARGE AND THAT EVEN UPON PASSAGE OF THAT LAW. YOU WERE ADVISED THAT SUCH CLAIM COULD NOT BE CONSIDERED BY OUR OFFICE BECAUSE OF THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9. THE FIRST NOTICE WE RECEIVED CONCERNING THE ALLOWANCES CLAIMED WAS ON APRIL 15. YOU WERE ADVISED IN THE LETTER FROM OUR CLAIMS DIVISION DATED MAY 8. THAT SUCH MATTERS ARE WITHIN THE EXCLUSIVE JURISDICTION OF THE VETERANS ADMINISTRATION AND THAT ANY INQUIRIES YOU MIGHT HAVE SHOULD BE DIRECTED TO: VETERANS BENEFITS OFFICE VARO 1131 ROXAS BOULEVARD MANILA.

B-165648, DEC. 24, 1968

TO MR. ZOILO FLOVERA:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 8, 1968, CONCERNING YOUR CLAIM FOR VARIOUS ITEMS OF PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS DURING THE PERIOD NOVEMBER 2, 1922, TO NOVEMBER 18, 1931.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 7, 1964, AND MAY 8, 1968, IN WHICH YOU WERE ADVISED THAT PRIOR TO THE ARMED FORCES LEAVE ACT OF 1946, APPROVED AUGUST 9, 1946, 60 STAT. 963, NO PROVISION OF LAW EXISTED WHICH WOULD HAVE PERMITTED PAYMENT FOR ACCRUED BUT UNUSED LEAVE UPON DISCHARGE AND THAT EVEN UPON PASSAGE OF THAT LAW, IT DID NOT APPLY TO THE PERIOD OF YOUR CLAIM. AS TO YOUR CLAIM FOR CLOTHING AND RATION ALLOWANCE, YOU WERE ADVISED THAT SUCH CLAIM COULD NOT BE CONSIDERED BY OUR OFFICE BECAUSE OF THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH FOREVER BARS A CLAIM IF NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE FIRST NOTICE WE RECEIVED CONCERNING THE ALLOWANCES CLAIMED WAS ON APRIL 15, 1964, MORE THAN 32 YEARS AFTER YOUR DISCHARGE.

WITH RESPECT TO YOUR POSSIBLE ENTITLEMENT TO A PENSION, YOU WERE ADVISED IN THE LETTER FROM OUR CLAIMS DIVISION DATED MAY 8, 1968, THAT SUCH MATTERS ARE WITHIN THE EXCLUSIVE JURISDICTION OF THE VETERANS ADMINISTRATION AND THAT ANY INQUIRIES YOU MIGHT HAVE SHOULD BE DIRECTED TO:

VETERANS BENEFITS OFFICE

VARO

1131 ROXAS BOULEVARD

MANILA, PHILIPPINES

YOUR LETTER OF OCTOBER 8, 1968, CONTAINS NOTHING THAT WOULD IN ANY WAY WARRANT MODIFICATION OF THE EARLIER ACTION TAKEN IN YOUR CASE. ACCORDINGLY, THAT ACTION IS SUSTAINED.