B-144585, AUG. 25, 1961

B-144585, AUG. 25, 1961

TO MR. NESTOR B. REMPOLA:

THIS REFERS TO YOUR LETTERS OF OCTOBER 10, 1960, AND JANUARY 21, 1961, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT FROM AUGUST 22, 1946, TO APRIL 30, 1949, AND FOR PAYMENT OF UNUSED ANNUAL LEAVE ALLEGED TO BE DUE AT THE TIME OF YOUR SEPARATION FROM THE UNITED STATES AIR FORCE AS A CIVILIAN EMPLOYEE ON APRIL 5, 1952.

BY OUR CLAIMS DIVISION SETTLEMENTS OF JUNE 6 AND AUGUST 29, 1960, PB-Z 2070174-DDH, TO YOU, IT WAS EXPLAINED IN DETAIL THAT YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT FROM AUGUST 22, 1946, TO APRIL 30, 1949, WAS BARRED FOR CONSIDERATION BY OUR OFFICE BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, AS AMENDED. YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON MARCH 11 AND MAY 9, 1960, AND OUR FILE FAILS TO SHOW ANY RECORD OF A PREVIOUS CLAIM FOR THIS ITEM. INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED SINCE THE DATE OF YOUR DISCHARGE, CONSIDERATION OF YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

IN OUR LETTER OF MARCH 16, 1961, WE INFORMED YOU CONCERNING YOUR CLAIM FOR PAYMENT OF ANNUAL LEAVE ALLEGEDLY DUE AT THE TIME OF YOUR SEPARATION AS A CIVILIAN EMPLOYEE ON APRIL 5, 1952, THAT IN ORDER TO PROPERLY CONSIDER YOUR CLAIM WE FOUND IT NECESSARY TO OBTAIN AN ADMINISTRATIVE REPORT FROM THE UNITED STATES AIR FORCE. THAT REPORT WAS RECEIVED IN OUR OFFICE AUGUST 14, 1961. THE REPORT SHOWS THAT YOU WERE EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AT GUAM AND YOU DEPARTED GUAM ON APRIL 5, 1952. AT THE TIME OF YOUR SEPARATION YOU WERE ENTITLED TO $5.55 COMPENSATION AND PAYMENT FOR 57 HOURS ANNUAL LEAVE IN THE AMOUNT OF $39.54, OR A TOTAL SUM OF $45.09. FROM THAT AMOUNT $4.71 WAS DEDUCTED FOR SUBSISTENCE AND QUARTERS FOR THE PERIOD MARCH 9 THROUGH MARCH 14, 1952. THAT LEFT A BALANCE DUE YOU OF $40.38, WHICH WAS PAID BY CHECK NUMBER 47,278, DATED APRIL 23, 1952, SYMBOL 225-148, ISSUED TO YOUR ORDER.

THE RECORDS HERE INDICATE THE CHECK WAS PAID IN DUE COURSE. IN THAT CONNECTION, THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"HEREAFTER ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID, SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED. * * *"

THE PAID CHECK HAS BEEN DESTROYED PURSUANT TO LAW. YOUR CLAIM ON ACCOUNT OF THE CHECK APPEARS NOT TO HAVE BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER DATE OF THE ISSUANCE OF THE CHECK. THEREFORE, ALL CLAIMS ON ACCOUNT OF THE CHECK ARE FOREVER BARRED BY THE STATUTE QUOTED ABOVE.

CONSEQUENTLY, THE PRIOR ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM IS SUSTAINED.