B-170961, JAN 18, 1971

B-170961: Jan 18, 1971

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ARMY ON BASIS THAT CLAIM WAS NOT RECEIVED WITHIN THE 10 YEAR PERIOD REQUIRED BY THE ACT OF OCTOBER 9. CRISTINA BAQUIRAN VINARAO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 22. THIS MATTER WAS THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED JUNE 8. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. IT APPEARS THAT NO BASIS WOULD HAVE EXISTED FOR THE PAYMENT OF YOUR CLAIM EVEN IF IT HAD BEEN TIMELY FILED. INFORMATION WE HAVE RECEIVED FROM THE UNITED STATES ARMY ADMINISTRATION CENTER SHOWS THAT YOUR SON WAS DISCHARGED FROM THE SERVICE ON APRIL 20.

B-170961, JAN 18, 1971

DEATH GRATUITY DENIAL OF CLAIM FOR SIX MONTHS' DEATH GRATUITY BELIEVED DUE UPON THE DEATH OF CLAIMANT'S SON, PABLO VINARAO, AS A CONSEQUENCE OF SERVICE IN THE U.S. ARMY ON BASIS THAT CLAIM WAS NOT RECEIVED WITHIN THE 10 YEAR PERIOD REQUIRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MRS. CRISTINA BAQUIRAN VINARAO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 22, 1970, CONCERNING YOUR CLAIM FOR SIX MONTHS' DEATH GRATUITY BELIEVED DUE UPON THE DEATH OF YOUR SON, PABLO VINARAO, SERVICE NO. 10 331 349, ON MAY 21, 1952.

THIS MATTER WAS THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED JUNE 8, 1967, AND SEPTEMBER 20, 1967. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. HOWEVER, IT APPEARS THAT NO BASIS WOULD HAVE EXISTED FOR THE PAYMENT OF YOUR CLAIM EVEN IF IT HAD BEEN TIMELY FILED.

THE ACT OF DECEMBER 17, 1919, CH. 6, 41 STAT. 367, AS AMENDED, 10 U.S.C. 903 (1946 ED.) (NOW CODIFIED IN CHAPTER 75, 10 U.S. CODE) PROVIDED FOR THE PAYMENT OF A SIX MONTHS' DEATH GRATUITY TO THE SURVIVOR OF A DECEASED OFFICER OR ENLISTED MAN WHO DIED WHILE " *** ON THE ACTIVE LIST OF THE REGULAR ARMY OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY *** ." INFORMATION WE HAVE RECEIVED FROM THE UNITED STATES ARMY ADMINISTRATION CENTER SHOWS THAT YOUR SON WAS DISCHARGED FROM THE SERVICE ON APRIL 20, 1949, AND THAT THERE IS NO EVIDENCE OF SUBSEQUENT SERVICE. SINCE YOUR SON WAS NOT A MEMBER OF THE ARMY WHEN HE DIED, NO RIGHT TO PAYMENT OF THE DEATH GRATUITY ACCRUED TO ANYONE AT THE TIME OF HIS DEATH.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.