B-130061, MAR. 7, 1957

B-130061, MAR. 7, 1957

TO MR. JACINTO R. ABAD AND MRS. TRINIDAD E. ABAD:

IN YOUR LETTER OF FEBRUARY 7, 1957, YOU REQUEST FURTHER RECONSIDERATION OF THE ACTION TAKEN ON YOUR CLAIMS PURSUANT TO THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 237, 54 STAT. 1061, WHICH BARRED YOUR CLAIMS FOR COMPENSATION FOR SERVICE ALLEGED TO HAVE BEEN RENDERED BY YOUR DECEASED FOSTER SON, BENJAMIN E. ABAD, AS A CIVILIAN EMPLOYEE OF THE UNITED STATES ARMY, AFWESPEC, BASE X, APO 75.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH IS AGAIN ENCLOSED, PROVIDES-- - SO FAR AS MATERIAL HERE--- THAT EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

IT WILL BE OBSERVED THAT THE ABOVE ACT REQUIRES CLAIMS TO BE FILED IN THE GENERAL ACCOUNTING OFFICE AND BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TEN-YEAR PERIOD. THE FILING OF YOUR CLAIM WITHIN THE PRESCRIBED TEN-YEAR PERIOD WITH AN AUTHORIZED PAYROLL CERTIFYING OFFICER OF THE UNITED STATES ARMY IN THE PHILIPPINES DOES NOT MEET THE REQUIREMENT OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED, THE CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO DENY IT, AND TO RETURN IT TO YOU, TOGETHER WITH A COPY OF THE BARRING ACT, AS PROVIDED BY SECTION 2 OF THE STATUTE.

ACCORDINGLY, OUR PRIOR SETTLEMENT IS SUSTAINED, AND WE REGRET THAT WE ARE WITHOUT AUTHORITY TO ..END :