B-144450, NOV. 29, 1960

B-144450, NOV. 29, 1960

TO MRS. PAULINA DELA CRUZ:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1960, IN WHICH YOU AGAIN SET FORTH VARIOUS REASONS WHY YOU BELIEVE THAT WE SHOULD FAVORABLY CONSIDER YOUR CLAIM, AS WIDOW OF FELIX DELA CRUZ, FOR HIS "WAR BONUS PAY.' YOUR HUSBAND, ACCORDING TO YOUR STATEMENTS, WAS A MEMBER OF "H" COMPANY, 2D HAWAIIAN INFANTRY, FROM JULY 1, 1918, TO FEBRUARY 5, 1919, AND DIED IN 1924.

YOUR CLAIM HAS BEEN CONSIDERED BY OUR CLAIMS DIVISION AS A CLAIM FOR THE ADDITIONAL PAYMENT OF $60--- COMMONLY REFERRED TO AS THE $60 BONUS, AUTHORIZED BY SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, 40 STAT. 1151, TO BE PAID TO ALL PERSONS THERE SPECIFIED WHO SERVED IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES DURING WORLD WAR I AND WHO WERE DISCHARGED UNDER HONORABLE CONDITIONS. ON SUCH BASIS, YOU HAVE BEEN CORRECTLY ADVISED BY OUR CLAIMS DIVISION (1) THAT YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND (2) THAT SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, SPECIFICALLY PROVIDED THAT THE PAYMENTS THERE AUTHORIZED SHOULD NOT BE MADE "TO THE HEIRS OR LEGAL REPRESENTATIVES OF ANY PERSON ENTITLED TO ANY PAYMENT UNDER THIS SECTION WHO HAS DIED OR MAY DIE BEFORE RECEIVING SUCH PAYMENT.' IN THE EVENT THAT YOU MAY BE CLAIMING BENEFITS PROVIDED BY THE ACT OF MAY 19, 1924, KNOWN AS THE WORLD WAR ADJUSTED COMPENSATION ACT, 43 STAT. 121, AS AMENDED, IT MAY BE STATED FOR YOUR INFORMATION THAT, AS PROVIDED IN THE ACT OF AUGUST 23, 1935, 49 STAT. 729, THE TIME FOR FILING APPLICATIONS FOR THE BENEFITS SO PROVIDED EXPIRED, SO FAR AS IS HERE PERTINENT, ON JANUARY 2, 1940.

WE FIND NOTHING IN YOUR LETTER OF SEPTEMBER 30, 1960, WHICH WOULD WARRANT ANY FURTHER ACTION BY US IN THE MATTER.