B-165860, FEB. 10, 1969

B-165860: Feb 10, 1969

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DOROTEO MALANA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 24. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON APRIL 1. OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER THE CLAIM SINCE THE ACT OF OCTOBER 9. FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. WE HAVE NO RECORD OF THE RECEIPT IN THIS OFFICE OF ANY CLAIM FROM YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY PRIOR TO APRIL 1. ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT. THEY ARE SEPARATE AND DISTINCT OFFICES.

B-165860, FEB. 10, 1969

TO MR. DOROTEO MALANA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 24, 1968, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR QUARTERS AND RATIONS ALLOWANCES INCIDENT TO YOUR SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON APRIL 1, 1968, AND BY LETTERS OF APRIL 17, 1968, AND SEPTEMBER 5, 1968, OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER THE CLAIM SINCE THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOU SAY THAT YOU FILED CLAIM IN 1947 WITH THE DEPARTMENT OF THE ARMY FOR ALL BENEFITS DUE YOU. WE HAVE NO RECORD OF THE RECEIPT IN THIS OFFICE OF ANY CLAIM FROM YOU INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY PRIOR TO APRIL 1, 1968. ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT CONSITUTE THE FILING OF A CLAIM WITH THE GENERAL ACCOUNTING OFFICE.

THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT EVERY CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE BEFORE THE EXPIRATION OF THE 10-YEAR LIMITATION PERIOD IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED. THE ACT CLEARLY PROHIBITS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN THE TIME LIMITATION SPECIFIED THEREIN. ANY CLAIM COGNIZABLE BY THIS OFFICE ARISING OUT OF YOUR MILITARY SERVICE MUST HAVE ACCRUED PRIOR TO THE DATE OF YOUR DISCHARGE THEREFROM AND SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN 10 YEARS FOLLOWING YOUR DISCHARGE, CONSIDERATION THEREOF IS NOT AUTHORIZED.