B-156437, JUN. 18, 1965

B-156437, JUN. 18, 1965

TO MR. GUILLERMO ALEORAN, MR. ROMUALDO MUTURAN, MR. SIMEON MONGOOPS:

THIS REFERS TO YOUR LETTER OF MAY 24, 1965, REQUESTING FURTHER REVIEW OF OUR SETTLEMENTS DATED FEBRUARY 4, 1965, WHICH DISALLOWED YOUR CLAIMS FOR UNPAID COMPENSATION FOR SERVICES RENDERED THE UNITED STATES FORCES IN THE PHILIPPINES DURING THE PERIOD JULY 1942 TO APRIL 1945.

IN OUR DECISION TO YOU OF APRIL 15, 1965, B-156437, SUSTAINING THE SETTLEMENTS REFERRED TO ABOVE, YOU WERE ADVISED THAT BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, OUR OFFICE IS PRECLUDED FROM CONSIDERING ANY CLAIM WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE STATUTE IS APPLICABLE TO ALL EMPLOYEES OF THE UNITED STATES, INCLUDING UNITED STATES CITIZENS AND CITIZENS OF OTHER COUNTRIES.

YOU NOW REQUEST THAT YOUR CLAIMS BE CONSIDERED UNDER THE EXCEPTION PROVIDED IN THE ACT OF 1940. AS STATED IN OUR DECISION TO YOU OF APRIL 15, 1965, THE PROVISION IN THE ACT OF 1940 FOR EXTENDING THE 10 YEAR PERIOD IS APPLICABLE ONLY TO PERSONS WHO SERVE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES. OUR OFFICE HAS NO AUTHORITY TO MAKE ANY FURTHER EXCEPTIONS TO THE STATUTE.

YOU INDICATE THAT YOU HAD NO KNOWLEDGE OF THE PROVISIONS OF THE ACT OF 1940 UNTIL AFTER THE LIMITATION SPECIFIED THEREIN HAD EXPIRED. HOWEVER, THIS FACT MAY NOT SERVE AS A BASIS FOR OUR OFFICE TO DISREGARD THE STATUTORY REQUIREMENT.

CONCERNING YOUR REQUEST AS TO A FURTHER APPEAL FROM OUR DECISION, YOU MAY BE INFORMED THAT UNDER THE LAW, THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. 31 U.S.C. 44 AND 74. WHILE THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS, WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF SECTIONS 1346 AND 1491 OF TITLE 28 OF THE U.S.C. CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND THE UNITED STATES COURT OF CLAIMS.