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B-162846, JAN 4, 1968

B-162846 Jan 04, 1968
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SUERTE: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 8. THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION OF NOVEMBER 22. YOU NOW CONTEND THAT SINCE YOU WERE NEVER ADVISED THAT THERE WAS ANY "DEADLINE" FOR FILING YOUR CLAIM BEFORE OR AFTER THE PASSAGE OF THE 1940 BARRING ACT. CONSIDERATION OF CLAIMS FOR MILITARY PAY AND ALLOWANCES IS LIMITED BY THE BARRING ACT OF OCTOBER 9. THE PROVISIONS OF THAT ACT REQUIRE THAT CLAIMS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE SUCH CLAIMS FIRST ACCRUE ARE FOREVER BARRED FROM CONSIDERATION. SINCE THIS OFFICE IS WITHOUT AUTHORITY TO MAKE ANY EXCEPTIONS TO THE SPECIFIC PROVISIONS OF THE 1940 ACT OR GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED.

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B-162846, JAN 4, 1968

ARMED SERVICES - PAY - PHILIPPINE SCOUTS DECISION TO FORMER PHILIPPINE SCOUT REAFFIRMING DECISION OF NOVEMBER 22, 1967, DENYING BACK PAY AND ALLOWANCES INCIDENT TO MILITARY SERVICE IN 1914 TO 1915 BECAUSE OF BARRED ACT.

ROQUE DE LOS R. SUERTE:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 8, 1967, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS FROM FEBRUARY 28, 1914, TO AUGUST 25, 1915, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION OF NOVEMBER 22, 1967, B-162846.

YOU NOW CONTEND THAT SINCE YOU WERE NEVER ADVISED THAT THERE WAS ANY "DEADLINE" FOR FILING YOUR CLAIM BEFORE OR AFTER THE PASSAGE OF THE 1940 BARRING ACT, YOUR CLAIM SHOULD BE GIVEN FAVORABLE CONSIDERATION.

AS STATED IN OUR DECISION OF NOVEMBER 22, 1967, CONSIDERATION OF CLAIMS FOR MILITARY PAY AND ALLOWANCES IS LIMITED BY THE BARRING ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

THE PROVISIONS OF THAT ACT REQUIRE THAT CLAIMS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE SUCH CLAIMS FIRST ACCRUE ARE FOREVER BARRED FROM CONSIDERATION. YOU DID NOT FILE YOUR CLAIM UNTIL OVER 50 YEARS AFTER YOUR DISCHARGE.

SINCE THIS OFFICE IS WITHOUT AUTHORITY TO MAKE ANY EXCEPTIONS TO THE SPECIFIC PROVISIONS OF THE 1940 ACT OR GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED, THE BAR OF THE STATUTE PREVENTS CONSIDERATION OF YOUR CLAIM. THE STATUTORY BAR OPERATES AGAINST THE CLAIMS OF ALL PERSONS WITHOUT REGARD TO THEIR KNOWLEDGE OF THE 1940 ACT.

ACCORDINGLY, THERE IS NO BASIS FOR ACTION DIFFERENT FROM THAT TAKEN IN OUR DECISION OF NOVEMBER 22, 1967.

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