B-156016, SEP. 15, 1965

B-156016, SEP. 15, 1965

TO MR. LORENZO GUINTO:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1965, REFERRING TO OUR DECISION OF FEBRUARY 25, 1965, B-156016, AND REQUESTING RECONSIDERATION OF YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD APRIL 9, 1945, TO NOVEMBER 30, 1945, ON THE GROUND THAT YOUR MILITARY SERVICE DURING SUCH PERIOD WAS AS A MEMBER OF THE ARMY OF THE UNITED STATES AND NOT AS A MEMBER OF THE PHILIPPINE SCOUTS. ALSO, YOU SAY THAT YOU ARE ENTITLED "TO RECEIVE SIX MONTHS ADDITIONAL BENEFITS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR.'

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, CHAPTER 3, TITLE 37, U.S.C. (1946 ED.), PROVIDED FOR THE PAYMENT OF THE FAMILY ALLOWANCE TO DEPENDENTS OF ENLISTED MEN OF THE UNIFORMED SERVICES THERE MENTIONED FOR THE PERIOD BEGINNING WITH JUNE 1, 1942. SECTION 207 (B), WHICH WAS A PART OF CHAPTER 3, INCLUDED THE FOLLOWING:

"THE MONTHLY FAMILY ALLOWANCE PROVIDED FOR BY THIS CHAPTER SHALL BE PAID FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION THEREFOR IS FILED, OR THE FIRST DAY OF THE MONTH IN WHICH THE DEPENDENT OR DEPENDENTS FIRST BECAME ENTITLED THERETO, WHICHEVER IS LATER

THUS, ALTHOUGH A SERVICEMAN'S DEPENDENTS COULD HAVE BECOME ENTITLED TO THE FAMILY ALLOWANCE WITHIN THE INTENT AND MEANING OF THE 1942 ACT, AS AMENDED, SUCH ALLOWANCE WAS PAYABLE ONLY FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION FOR THE FAMILY ALLOWANCE WAS FILED. THERE IS NO SHOWING THAT AN APPLICATION FOR THE FAMILY ALLOWANCE IN YOUR CASE WAS FILED WITHIN THE PERIOD APRIL 9, 1945, TO NOVEMBER 30, 1945. THEREFORE, THE ENTITLEMENT OF YOUR DEPENDENTS TO PAYMENT OF THE FAMILY ALLOWANCE HAS NOT BEEN ESTABLISHED FOR ANY PART OF SUCH PERIOD.

MOREOVER, SINCE NO CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR YOUR DEPENDENTS WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL OCTOBER 3, 1956, MORE THAN 10 FULL YEARS AFTER NOVEMBER 30, 1945, THERE ARE FOR APPLICATION THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061. SECTION 1 OF THAT ACT PROVIDES---

"THAT EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

LIKEWISE, IF YOU EVER HAD A VALID CLAIM FOR "SIX MONTHS ADDITIONAL BENEFITS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR," SUCH CLAIM IS BARRED BY THAT ACT.

EVEN IF A PROPER CLAIM HAD BEEN FILED WITHIN THE 10-YEAR PERIOD WITH THE DEPARTMENT OF THE ARMY FOR FAMILY ALLOWANCE PAYMENTS, SUCH ACTION WOULD NOT HAVE CONSTITUTED THE FILING OF A CLAIM IN THE GENERAL ACCOUNTING OFFICE WITHIN THE INTENT AND MEANING OF THE ACT OF OCTOBER 9, 1940. WHILE YOU HAVE FURNISHED NO EVIDENCE ESTABLISHING THE VALIDITY OF YOUR CLAIM AND WHILE WE HAVE NO RECORD SHOWING THAT YOUR DEPENDENTS AT ONE TIME WERE ENTITLED TO FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD IN QUESTION, SUCH OMISSIONS ARE NOT MATERIAL SINCE THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940.

WE TRUST THAT THE EXPLANATION CONTAINED HEREIN WILL CLARIFY THE MATTER FOR YOU.