B-159791, JUN. 26, 1967
Highlights
VICTORIANO ELIO: REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. WE ADVISED YOU THAT SINCE YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS NOT RECEIVED IN OUR OFFICE FOR MORE THAN 10 FULL YEARS AFTER IT ACCRUED. IT WAS BARRED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9. THE CARD ADVISING YOU IN OCTOBER 1965 THAT YOUR CLAIM WAS BEING FORWARDED TO OUR OFFICE FOR FINAL ADJUDICATION DOES NOT ESTABLISH THAT YOU FILED YOUR CLAIM IN THIS OFFICE WITHIN THE PRESCRIBED 10-YEAR PERIOD. REGARDLESS OF WHEN YOUR CLAIM WAS RECEIVED IN THE DEPARTMENT OF THE ARMY. THAT DEPARTMENT IS SEPARATE AND DISTINCT FROM OUR OFFICE AND THE FILING OF A CLAIM WITH THE ARMY IS NOT A COMPLIANCE WITH THE ACT OF OCTOBER 9.
B-159791, JUN. 26, 1967
TO MR. VICTORIANO ELIO:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1967, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT.
IN DECISION OF AUGUST 23, 1966, B-159791, COPY ENCLOSED, WE ADVISED YOU THAT SINCE YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS NOT RECEIVED IN OUR OFFICE FOR MORE THAN 10 FULL YEARS AFTER IT ACCRUED, IT WAS BARRED FROM OUR CONSIDERATION BY THE ACT OF OCTOBER 9, 1940.
AS A BASIS FOR CONSIDERATION OF YOUR CLAIM ON ITS MERITS YOU ENCLOSE A CARD SENT TO YOU IN OCTOBER 1965 BY THE CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, NOTIFYING YOU THAT YOUR CLAIM HAD BEEN FORWARDED TO HIS OFFICE FOR FINAL ADJUDICATION.
THE CARD ADVISING YOU IN OCTOBER 1965 THAT YOUR CLAIM WAS BEING FORWARDED TO OUR OFFICE FOR FINAL ADJUDICATION DOES NOT ESTABLISH THAT YOU FILED YOUR CLAIM IN THIS OFFICE WITHIN THE PRESCRIBED 10-YEAR PERIOD. REGARDLESS OF WHEN YOUR CLAIM WAS RECEIVED IN THE DEPARTMENT OF THE ARMY, THAT DEPARTMENT IS SEPARATE AND DISTINCT FROM OUR OFFICE AND THE FILING OF A CLAIM WITH THE ARMY IS NOT A COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT CLAIMS BE TIMELY FILED IN THIS OFFICE. CLAIMS FOR MUSTERING-OUT PAY SUCH AS YOURS ARE SUBJECT TO THE 10-YEAR BARRING ACT, AND AS YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS FROM DATE ON WHICH IT ACCRUED, IT MAY NOT BE CONSIDERED BY US, OR BY ANY OTHER AGENCY OF THE GOVERNMENT.
WE TRUST YOU WILL UNDERSTAND THAT SINCE, AS STATED IN THE DECISION OF AUGUST 23, 1966, CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW, THERE IS NO ACTION WHICH MAY TAKE IN THE MATTER.
THE ENCLOSURE TO YOUR LETTER OF APRIL 26, 1967, IS RETURNED AS REQUESTED.