B-167970, OCT. 22, 1969

B-167970: Oct 22, 1969

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MACASPAC: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1. YOU HAVE BEEN IN AND OUT OF EMPLOYMENT AND YOUR PRESENT CIRCUMSTANCES ARE SUCH THAT UNLESS YOU RECEIVE HELP YOUR FAMILY MAY SUFFER PRIVATION. PROVIDES FOR MATERIAL AID TO EX- SERVICEMEN WHO ARE IN DIRE NEED OF ASSISTANCE AND REQUEST ASSISTANCE UNDER THAT ACT. YOU WERE FULLY ADVISED OF THE APPLICATION OF THE ACT OF OCTOBER 9. THE SOLIDERS' AND SAILORS' CIVIL RELIEF ACT MAKES NO PROVISION FOR MATERIAL AID TO EX-SERVICEMEN OR VETERANS INSOFAR AS MONETARY ASSISTANCE IS CONCERNED. THERE IS NO LEGAL BASIS UPON WHICH OUR OFFICE OR ANY OTHER FEDERAL AGENCY MAY PROVIDE ANY MATERIAL AID OR MONETARY ASSISTANCE UNDER THE PROVISIONS OF THE CITED ACT.

B-167970, OCT. 22, 1969

TO MR. MACARIO M. MACASPAC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1969, IN WHICH YOU STATE THAT SINCE YOUR DISCHARGE AS A PHILIPPINE SCOUT ON APRIL 8, 1947, YOU HAVE BEEN IN AND OUT OF EMPLOYMENT AND YOUR PRESENT CIRCUMSTANCES ARE SUCH THAT UNLESS YOU RECEIVE HELP YOUR FAMILY MAY SUFFER PRIVATION. YOU EXPRESS THE BELIEF THAT THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, PROVIDES FOR MATERIAL AID TO EX- SERVICEMEN WHO ARE IN DIRE NEED OF ASSISTANCE AND REQUEST ASSISTANCE UNDER THAT ACT.

THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT, 54 STAT. 1178, AS AMENDED, 50 U.S.C. APP 501-599, PROVIDES GENERALLY FOR TEMPORARY SUSPENSION OF LEGAL PROCEEDINGS AND TRANSACTIONS WHICH MAY PREJUDICE THE RIGHTS OF PERSONS WHILE IN THE MILITARY SERVICE OF THE UNITED STATES. THIS INCLUDES PROTECTION OF MILITARY PERSONNEL IN ACTIONS INVOLVING NON-PAYMENT OF RENTS, INSURANCE PREMIUMS, INTEREST, TAXES AND ASSESSMENTS WHILE IN THE MILITARY SERVICE.

SECTION 205 OF THE ACT, 54 STAT. 1181, 50 U.S.C. APP. 525, MODIFIES THE BARRING ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BY PROVIDING THAT THE PERIOD OF MILITARY SERVICE SHALL NOT BE INCLUDED IN COMPUTING ANY PERIOD LIMITED BY LAW FOR THE BRINGING OF ANY ACTION BY OR AGAINST ANY PERSON IN MILITARY SERVICE. SINCE YOUR MILITARY SERVICE ENDED ON APRIL 8, 1947, THIS PROVISION HAS NO EFFECT ON THE RUNNING OF THE TEN-YEAR LIMITATION PERIOD SET IN THE ACT OF OCTOBER 9, 1940, WITH RESPECT TO ANY CLAIMS PERTAINING TO YOUR SERVICE. YOU WERE FULLY ADVISED OF THE APPLICATION OF THE ACT OF OCTOBER 9, 1940, IN OFFICE LETTER OF SEPTEMBER 12, 1968, REGARDING YOUR CLAIM FOR MUSTERING-OUT PAY.

THE SOLIDERS' AND SAILORS' CIVIL RELIEF ACT MAKES NO PROVISION FOR MATERIAL AID TO EX-SERVICEMEN OR VETERANS INSOFAR AS MONETARY ASSISTANCE IS CONCERNED. ACCORDINGLY, THERE IS NO LEGAL BASIS UPON WHICH OUR OFFICE OR ANY OTHER FEDERAL AGENCY MAY PROVIDE ANY MATERIAL AID OR MONETARY ASSISTANCE UNDER THE PROVISIONS OF THE CITED ACT.

IF YOU BELIEVE THAT YOU MAY BE ENTITLED TO A PENSION BECAUSE OF A SERVICE -CONNECTED DISABILITY, IT IS SUGGESTED THAT YOU CONTACT THE UNITED STATES VETERANS ADMINISTRATION, WASHINGTON, D.C., FOR INFORMATION IN THE MATTER.