B-153955, OCT. 20, 1964
Highlights
TO MISS LUCIA ROXAS: WE ARE IN RECEIPT OF YOUR LETTER OF SEPTEMBER 23. WHOSE DEATH WAS ESTABLISHED ON NOVEMBER 11. YOU ARE AGAIN ADVISED THAT THIS OFFICE WOULD HAVE AUTHORITY UNDER THE LAW TO CONSIDER YOUR CLAIM ONLY IF IT HAD BEEN RECEIVED IN THIS OFFICE PRIOR TO NOVEMBER 11. A DATE WHICH IS 10 YEARS AFTER THE DATE OF RECEIPT OF EVIDENCE ESTABLISHING THE DATE OF YOUR FATHER'S DEATH. SINCE YOUR CLAIM WAS RECEIVED HERE NOVEMBER 26. A DATE WHICH IS MORE THAN 18 YEARS AFTER NOVEMBER 11. THIS OFFICE IS SPECIFICALLY PRECLUDED BY LAW FROM CONSIDERING IT. IT IS AGAIN POINTED OUT THAT EVEN IF YOU HAD PRESENTED A CLAIM FOR THE GRATUITY PAY TO THE DEPARTMENT OF THE ARMY WITHIN THE 10-YEAR STATUTORY TIME LIMITATION PRESCRIBED IN THE LAW.
B-153955, OCT. 20, 1964
TO MISS LUCIA ROXAS:
WE ARE IN RECEIPT OF YOUR LETTER OF SEPTEMBER 23, 1964, FORWARDING A LETTER DATED NOVEMBER 28, 1945, FROM HEADQUARTERS, UNITED STATES ARMY FORCES WESTERN PACIFIC, APO 707 (MANILA, PHILIPPINES), AND AGAIN REQUESTING FAVORABLE CONSIDERATION OF YOUR CLAIM FOR THE 6-MONTHS' DEATH GRATUITY IN THE CASE OF YOUR LATE FATHER, CONSTANCIO ROXAS, PRIVATE FIRST CLASS, PHILIPPINE SCOUTS, WHOSE DEATH WAS ESTABLISHED ON NOVEMBER 11, 1945.
IN OUR DECISIONS OF MAY 14, JUNE 30, AND AUGUST 19, 1964, WE ADVISED YOU WHY THIS OFFICE CANNOT CONSIDER YOUR CLAIM AND WE ALSO FURNISHED YOU WITH AN EXPLANATION OF YOUR RIGHTS IN THE MATTER. YOU ARE AGAIN ADVISED THAT THIS OFFICE WOULD HAVE AUTHORITY UNDER THE LAW TO CONSIDER YOUR CLAIM ONLY IF IT HAD BEEN RECEIVED IN THIS OFFICE PRIOR TO NOVEMBER 11, 1955, A DATE WHICH IS 10 YEARS AFTER THE DATE OF RECEIPT OF EVIDENCE ESTABLISHING THE DATE OF YOUR FATHER'S DEATH. SINCE YOUR CLAIM WAS RECEIVED HERE NOVEMBER 26, 1953, A DATE WHICH IS MORE THAN 18 YEARS AFTER NOVEMBER 11, 1945, THIS OFFICE IS SPECIFICALLY PRECLUDED BY LAW FROM CONSIDERING IT. ALSO, IT IS AGAIN POINTED OUT THAT EVEN IF YOU HAD PRESENTED A CLAIM FOR THE GRATUITY PAY TO THE DEPARTMENT OF THE ARMY WITHIN THE 10-YEAR STATUTORY TIME LIMITATION PRESCRIBED IN THE LAW, THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, THIS OFFICE STILL COULD NOT CONSIDER THAT CLAIM SINCE IT WAS NOT RECEIVED HERE PRIOR TO NOVEMBER 11, 1955.
INASMUCH AS YOUR CLAIM IS BARRED FROM CONSIDERATION UNDER GOVERNING LAW, FURTHER CORRESPONDENCE RELATING TO THIS MATTER WILL SERVE NO USEFUL PURPOSE.
THE LETTER OF NOVEMBER 28, 1945, ADVISING YOU, AMONG OTHER THINGS, WHERE TO INQUIRE FOR CERTAIN FEDERAL BENEFITS, INCLUDING THE 6-MONTHS' DEATH GRATUITY IS BEING RETURNED TO YOU IN ACCORDANCE WITH YOUR REQUEST.