B-167100, JUN. 18, 1969

B-167100, JUN. 18, 1969

TO MR. ALFONSO M. MOLDE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 25, 1969, WHEREIN YOU REQUEST REVIEW OF THE ACTION HERETOFORE TAKEN ON YOUR CLAIM FOR DISABILITY BENEFITS BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE USAFFE IN 1946.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED MARCH 5, 1969, IN WHICH YOU WERE ADVISED THAT SUCH CLAIM 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:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * 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 ADJUSTED AND SETTLED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

YOU STATE THAT YOU DISAGREE WITH THE ACTION THAT HAS BEEN TAKEN IN YOUR CASE, CONTENDING THAT YOU WERE UNAWARE OF THE EXISTENCE OF THE 1940 ACT UNTIL AFTER YOU FILED YOUR CLAIM. YOU EXPRESS THE BELIEF THAT WHILE SUCH LAW IS BINDING ON THOSE PERSONS WHO WERE DOMICILED IN THE UNITED STATES AT THE TIME OF ITS PASSAGE, IT IS WITHOUT EFFECT ON THE RIGHTS OF THOSE PERSONS DOMICILED OUTSIDE THE UNITED STATES WHO WERE INFORMED OF THE LAW AFTER THE EXPIRATION OF THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED.

YOUR LETTER IS NOT ENTIRELY CLEAR AS TO THE TYPE OF BENEFITS YOU ARE SEEKING. IF YOU ARE MAKING CLAIM FOR BENEFITS WHICH ACCRUED AS AN INCIDENT OF MILITARY SERVICE DURING WORLD WAR II, CONSIDERATION OF CLAIMS OF THIS TYPE BY THIS OFFICE ARE GOVERNED BY THE ABOVE-QUOTED PROVISIONS OF LAW. NEITHER THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF THESE STATUTORY PROVISIONS NOR THE FACT THAT YOU WERE NOT DOMICILED IN THE UNITED STATES AT THAT TIME AFFECTS IN ANY WAY THE OPERATION OF THE BARRING ACT. THAT ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED SUCH CLAIM MUST BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED. WE ARE WITHOUT AUTHORITY TO WAIVE ANY OF THE PROVISIONS OF THAT ACT OR TO GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IF YOU HAD A VALID CLAIM AND SINCE YOU INDICATE THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON FEBRUARY 13, 1946, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE FEBRUARY 13, 1956, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT NOTICE OF YOUR CLAIM WAS FIRST RECEIVED HERE ON AUGUST 19, 1968, MORE THAN 22 YEARS AFTER YOUR DISCHARGE, WE TRUST YOU WILL UNDERSTAND WHY WE ARE PRECLUDED BY LAW FROM CONSIDERING YOUR CLAIM.

IF YOUR CLAIM RELATES TO BENEFITS WHICH ACCRUED UNDER LAWS ADMINISTERED BY THE VETERANS ADMINISTRATION, YOU ARE ADVISED THAT THIS OFFICE MAY NOT CONSIDER SUCH MATTERS AS THEY COME WITHIN THE EXCLUSIVE JURISDICTION OF THE VETERANS ADMINISTRATION. ANY INQUIRIES YOU MAY HAVE IN THIS REGARD SHOULD BE DIRECTED TO:

VETERANS BENEFITS OFFICE

VARO

1131 ROXAS BOULEVARD

MANILA, PHILIPPINES

YOUR LETTER OF APRIL 25, 1969, CONTAINS NOTHING THAT WOULD IN ANY WAY WARRANT MODIFICATION OF THE EARLIER ACTION TAKEN IN YOUR CASE. ACCORDINGLY, THAT ACTION IS SUSTAINED.