B-159997, SEP. 19, 1966

B-159997, SEP. 19, 1966

TO MR. MELECIO P. PALABRICA:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 5, 1966, REQUESTING REVIEW OF THE ACTION TAKEN IN OUR CLAIMS DIVISION LETTER OF MAY 17, 1960, WHICH DENIED YOUR CLAIM FOR $60 DISCHARGE BONUS PAYMENT BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM ARMY SERVICE ON DECEMBER 19,1918.

THE LETTER EXPLAINED TO YOU THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM SINCE IT WAS NOT RECEIVED WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED. THAT ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE (GENERAL ACCOUNTING OFFICE) WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

THIS OFFICE IS WITHOUT AUTHORITY TO GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED. WHILE YOU CONTEND THAT THE ACT OF OCTOBER 9, 1940, SHOULD NOT BAR CONSIDERATION OF YOUR CLAIM UNDER THE PARTICULAR FACTS RELATING THERETO, IT APPEARS THAT PAYMENT COULD NOT BE MADE IN ANY EVENT. SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, AUTHORIZED PAYMENT OF THE $60 ONLY TO PERSONS WHO SERVED IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES "DURING THE PRESENT WAR" FROM APRIL 6, 1917, TO NOVEMBER 11, 1918. SEE 26 COMP. DEC. 235. OUR RECORDS SHOW YOUR ARMY SERVICE AS COMMENCING NOVEMBER 20, 1918. THUS, NO RIGHT TO THE WAR SERVICE PAYMENT OF $60 ACCRUED TO YOU.

ACCORDINGLY, THE ACTION TAKEN IN LETTER OF MAY 17, 1960, IS SUSTAINED.