B-161138, APR. 19, 1967
Highlights
ODO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 13. YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON AUGUST 17. IT WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON AUGUST 30. WITH ADVICE THAT SINCE IT WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED IT WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. EXPLAINED TO YOU THAT SINCE THE CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED. YOU WERE ADVISED THAT WHILE YOU MAY HAVE PREVIOUSLY FILED A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT. IN YOUR PRESENT LETTER YOU SAY THAT A CLAIM WAS FILED WITH THE VETERANS ADMINISTRATION IMMEDIATELY UPON LIBERATION AND WITHIN THE 10 YEAR PERIOD FROM THE DATE OF YOUR SON'S DEATH.
B-161138, APR. 19, 1967
TO MR. SULPICIO O. ODO:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1967, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM AS FATHER FOR ARREARS OF PAY BELIEVED DUE YOUR SON SANTOS P. ODO, ON DATE OF HIS DEATH, MAY 8, 1942, AS A MEMBER OF THE USAFFE.
YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON AUGUST 17, 1966. IT WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON AUGUST 30, 1966, WITH ADVICE THAT SINCE IT WAS NOT RECEIVED WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED IT WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. IN A LETTER OF JANUARY 24, 1967, OUR CLAIMS DIVISION SET OUT THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, AND EXPLAINED TO YOU THAT SINCE THE CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED, THAT ACT BARRED OUR CONSIDERATION OF THE CLAIM. ALSO, YOU WERE ADVISED THAT WHILE YOU MAY HAVE PREVIOUSLY FILED A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT, SUCH FILING MAY NOT BE CONSIDERED COMPLIANCE WITH THE ACT SINCE THE STATUTE REQUIRES THAT CLAIMS BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10 YEAR PERIOD AND NOT IN SOME OTHER AGENCY OF THE GOVERNMENT.
IN YOUR PRESENT LETTER YOU SAY THAT A CLAIM WAS FILED WITH THE VETERANS ADMINISTRATION IMMEDIATELY UPON LIBERATION AND WITHIN THE 10 YEAR PERIOD FROM THE DATE OF YOUR SON'S DEATH, AND THAT THE VETERANS ADMINISTRATION SENT YOU A NOTICE OF SETTLEMENT ON SEPTEMBER 7, 1949.
AS EXPLAINED IN THE LETTER OF JANUARY 24, 1967, THE ACT OF OCTOBER 9, 1940, REQUIRES RECEIPT OF THE CLAIM WITHIN THE 10-YEAR PERIOD IN THE GENERAL ACCOUNTING OFFICE. ALTHOUGH THE VETERANS ADMINISTRATION AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE UNITED STATES GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. THE FILING OF A CLAIM WITH THE VETERANS ADMINISTRATION, NORMALLY FOR DIFFERENT BENEFITS THAN WOULD BE CONSIDERED HERE, DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH THE GENERAL ACCOUNTING OFFICE. WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF THE STATUTE IN ANY CASE.
SINCE MORE THAN 10 YEARS HAD ELAPSED SINCE YOUR CLAIM FIRST ACCRUED, WE HAVE NO CHOICE BUT TO AGAIN ADVISE YOU THAT WE ARE PRECLUDED BY LAW FROM CONSIDERING IT. ACCORDINGLY, THE ACTION TAKEN ON YOUR CLAIM MUST BE SUSTAINED.