B-145631, AUG. 14, 1962
Highlights
YOU WERE ADVISED IN DETAIL OF THE REASONS WHY YOUR CLAIM COULD NOT BE ALLOWED. WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. THAT THERE IS NO AUTHORITY TO CONSIDER IT UPON ITS MERITS. THAT JURISDICTION FOR THE DISPOSITION OF ANY CLAIM FALLING UNDER THE PURVIEW OF THE ABOVE ACT IS VESTED IN OUR OFFICE.
B-145631, AUG. 14, 1962
TO MISS ROSALINA BANTAY:
THERE HAS BEEN REFERRED TO OUR OFFICE FOR CONSIDERATION YOUR LETTER OF MAY 1, 1962, ADDRESSED TO "THE HONORABLE SECRETARY, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., " WHEREIN YOU REFER TO OUR ACTION TAKEN PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, ADVISING YOU THAT THE PROVISIONS OF THAT ACT BARRED CONSIDERATION OF YOUR CLAIM FOR ARREARS OF RETIRED PAY BELIEVED TO BE DUE IN THE CASE OF YOUR LATE FATHER, MARIANO BANTAY, RETIRED PHILIPPINE SCOUT.
IN OUR DECISION B-145631, APRIL 27, 1961, AND IN A LETTER OF DECEMBER 6, 1960, FROM OUR CLAIMS DIVISION, YOU WERE ADVISED IN DETAIL OF THE REASONS WHY YOUR CLAIM COULD NOT BE ALLOWED. YOUR LETTER OF MAY 1, 1962, CONTAINS NO NEW OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED BY US. ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND THAT THERE IS NO AUTHORITY TO CONSIDER IT UPON ITS MERITS. IT MAY BE STATED, ALSO, THAT JURISDICTION FOR THE DISPOSITION OF ANY CLAIM FALLING UNDER THE PURVIEW OF THE ABOVE ACT IS VESTED IN OUR OFFICE. SEE IN THIS CONNECTION 31 U.S.C. 71 WHICH PROVIDES THAT "ALL CLAIMS" AGAINST THE GOVERNMENT OF THE UNITED STATES "SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'