B-156437, APR. 15, 1965
Highlights
YOUR CLAIMS WERE FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 9. YOU WERE ADVISED THAT THE ACT OF OCTOBER 9. WE ARE ENCLOSING COPIES OF THAT ACT FOR YOUR INFORMATION. WE MAY ALSO POINT OUT THAT THE PROVISION IN THE ACT OF 1940 FOR EXTENDING THE 10-YEAR PERIOD IS APPLICABLE ONLY TO PERSONS WHO SERVE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES AND WHEN THEIR CLAIMS ACCRUED DURING SUCH SERVICE OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER THE ACCRUAL. THERE IS NO EVIDENCE OF RECORD INDICATING THAT ANY ONE OF YOU EVER SERVED IN THE MILITARY FORCES OF THE UNITED STATES. UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE.
B-156437, APR. 15, 1965
TO MR. GUILLERMO ALCORAN, MR. ROMUALDO MATURAN, MR. SIMEON MONGCOPA:
THIS REFERS TO YOUR LETTER DATED MARCH 16 AND MARCH 23, 1965, REQUESTING FURTHER REVIEW OF OUR SETTLEMENTS OF FEBRUARY 4, 1965, WHICH DISALLOWED YOUR CLAIMS FOR UNPAID COMPENSATION FOR SERVICES RENDERED THE UNITED STATES FORCES IN THE PHILIPPINES DURING THE PERIOD JULY 1942 TO APRIL 1945.
YOUR CLAIMS WERE FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 9, 1962, UPON REFERRAL FROM THE DEPARTMENT OF THE ARMY. SINCE THE RECORD INDICATED THAT YOU HAD PREVIOUSLY FILED SIMILAR CLAIMS WITH THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, THE CLAIMS DIVISION OF OUR OFFICE FORWARDED THE CLAIMS AND ALL SUBSEQUENT CORRESPONDENCE RECEIVED FROM YOU TO THAT COMMISSION FOR APPROPRIATE DISPOSITION. BY LETTER DATED DECEMBER 8, 1964, THE FOREIGN CLAIMS SETTLEMENT COMMISSION ADVISED YOU OF THEIR LACK OF STATUTORY AUTHORITY TO CONSIDER YOUR CLAIMS. THEREFORE, BY LETTERS DATED JANUARY 12 AND 16, 1965, YOU AGAIN REQUESTED OUR OFFICE TO CONSIDER YOUR CLAIMS.
IN OUR SETTLEMENTS OF FEBRUARY 4, 1965, YOU WERE ADVISED THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, PRECLUDES OUR OFFICE FROM CONSIDERING ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. FROM THE EVIDENCE OF RECORD, IT APPEARS THAT YOUR CLAIMS FIRST ACCRUED IN APRIL 1945.
AS REQUIRED BY SECTION 2 OF THE ACT OF OCTOBER 9, 1940, WE ARE ENCLOSING COPIES OF THAT ACT FOR YOUR INFORMATION. PLEASE OBSERVE THAT THE PROVISIONS OF THE ACT REQUIRE CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BAR CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. THE FILING OF YOUR CLAIMS IN ANY OTHER ADMINISTRATIVE OFFICE DOES NOT MEET THE REQUIREMENT OF THAT STATUTE.
WE MAY ALSO POINT OUT THAT THE PROVISION IN THE ACT OF 1940 FOR EXTENDING THE 10-YEAR PERIOD IS APPLICABLE ONLY TO PERSONS WHO SERVE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES AND WHEN THEIR CLAIMS ACCRUED DURING SUCH SERVICE OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER THE ACCRUAL. THERE IS NO EVIDENCE OF RECORD INDICATING THAT ANY ONE OF YOU EVER SERVED IN THE MILITARY FORCES OF THE UNITED STATES.
THE LIMITATION, PRESCRIBED BY STATUTE, UPON CONSIDERATION OF CLAIMS BY OUR OFFICE IS NOT A MERE STATUTE OF LIMITATIONS BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. SEE BARTLESVILLE ZINC COMPANY V. MELLON, 56 F.2D 154 AND CARPENTER V. UNITED STATES, 56 F.2D 828. CONSEQUENTLY, REGARDLESS OF HOW MERITORIOUS A CLAIM MAY BE, NO EXCEPTIONS MAY BE MADE TO THE STATUTE, NOR MAY ANY EXTENSIONS OF TIME WITHIN WHICH CLAIMS MAY BE FILED BE GRANTED BY OUR OFFICE. 25 COMP. GEN. 670.
WE REGRET THAT A FAVORABLE REPLY CANNOT BE MADE, BUT CONSIDERATION OF YOUR CLAIMS IS EXPRESSLY PRECLUDED BY LAW, AND THERE IS NO ACTION WE LEGALLY MAY TAKE UNDER THE RELATED CIRCUMSTANCES.