B-166125, MAR. 27, 1969

B-166125: Mar 27, 1969

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ANDRES MONTIADORA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 12. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED APRIL 2. EACH OF WHICH ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH ALLOWANCES WAS BARRED BY THE ACT OF OCTOBER 9. WHICH AGENCY YOU SUGGEST IS A PART OF THE GENERAL ACCOUNTING OFFICE. OUR FILE INDICATES THAT THE CLAIM FILED BY YOU WITH THE DEPARTMENT OF THE ARMY IN 1947 WAS A CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE FOR THE PERIOD YOU WERE INVOLVED IN HOSTILITIES DURING WORLD WAR II. THE DEPARTMENT OF THE ARMY IS NOT AN AGENCY UNDER THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE. BOTH ARE SEPARATE INDEPENDENT AGENCIES OF THE FEDERAL GOVERNMENT.

B-166125, MAR. 27, 1969

TO MR. ANDRES MONTIADORA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 12, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATIONS ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT DURING THE PERIOD FROM THE CAPITULATION OF BATAAN TO APRIL 21, 1945.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED APRIL 2, 1968, TO THE COMMANDER, DISABLED AMERICAN VETERANS, MAKATI, RIZAL, AND LETTERS TO YOU DATED JUNE 25, 1968, AND SEPTEMBER 5, 1968, EACH OF WHICH ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH ALLOWANCES WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

YOU CONTEND THAT YOU MADE A CLAIM FOR ALL PAY AND ALLOWANCES BELIEVED DUE YOU TO THE DEPARTMENT OF THE ARMY IN 1947, WHICH AGENCY YOU SUGGEST IS A PART OF THE GENERAL ACCOUNTING OFFICE. YOU STATE YOUR OPINION THAT SUCH A FILING SATISFIES THE REQUIREMENTS OF THE 1940 STATUTE.

OUR FILE INDICATES THAT THE CLAIM FILED BY YOU WITH THE DEPARTMENT OF THE ARMY IN 1947 WAS A CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE FOR THE PERIOD YOU WERE INVOLVED IN HOSTILITIES DURING WORLD WAR II. UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET SEQ., THE DEPARTMENT OF THE ARMY HAS AUTHORITY TO CONSIDER AND SETTLE SUCH CLAIMS. YOUR PRESENT LETTER APPEARS TO BE A REQUEST FOR REVIEW OF THE DETERMINATION MADE AT THAT TIME BY THE DEPARTMENT OF THE ARMY.

THE DEPARTMENT OF THE ARMY IS NOT AN AGENCY UNDER THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE; BOTH ARE SEPARATE INDEPENDENT AGENCIES OF THE FEDERAL GOVERNMENT. THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT BY THE DEPARTMENT OF THE ARMY AS SECTION 11 OF THAT ACT, 50 U.S.C. APP. 1011, MAKES SUCH ADMINISTRATIVE SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE. HENCE, CONSIDERING YOUR LETTER AS A REQUEST FOR REVIEW OF THE 1947 SETTLEMENT, SUCH REQUEST MUST BE DENIED.

IT MAY BE STATED, HOWEVER, THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT FOR QUARTERS AND RATIONS ALLOWANCES UNLESS SUCH ALLOWANCES WERE BEING CREDITED TO YOU ON DECEMBER 8, 1941, THE DATE YOU ENTERED A STATUS COVERED BY THE ACT. IN MAKING THE SETTLEMENT UNDER THAT ACT, THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED THAT YOU WERE NOT BEING PAID SUCH ALLOWANCES AT THAT TIME AND THAT AS A CONSEQUENCE A CREDIT FOR SUCH ALLOWANCES ON OR AFTER THAT DATE WAS NOT PROPER.

IF YOUR LETTERS ARE NOT INTENDED TO REQUEST REVIEW OF THE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY BUT INSTEAD ARE INTENDED TO PRESENT A CLAIM THAT IS WITHIN THE JURISDICTION OF THIS OFFICE, SUCH CLAIM IS CLEARLY BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES 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 * * *.'

ACCORDINGLY, NO FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM IS APPROPRIATE.