B-145522, AUG. 24, 1961

B-145522, AUG. 24, 1961

TO MISS ANA L. ROBILLO:

REFERENCE IS MADE TO YOUR LETTER OF JULY 31, 1961, AGAIN REQUESTING PAYMENT OF AMOUNTS BELIEVED BY YOU TO BE DUE THE ESTATE OF YOUR BROTHER, AGATON L. ROBILLO, WHOSE NAME IS SHOWN IN PRIOR CORRESPONDENCE AS AGATON L. RAVELLO, INCIDENT TO HIS SERVICE IN THE PHILIPPINE SCOUTS.

YOU PREVIOUSLY HAVE BEEN FURNISHED A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU ALSO HAVE BEEN ADVISED THAT THIS ACT BARS CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER DATE OF ACCRUAL AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JUNE 6, 1960, MORE THAN 10 YEARS AFTER YOUR BROTHER'S DEATH ON JUNE 11, 1942, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM.

IN YOUR LAST LETTER YOU MENTIONED THE INSURANCE ACT OF 1940 AND PUBLIC LAW 667. WE ASSUME THAT YOU HAVE REFERENCE TO PUBLIC LAW 667, 77TH CONGRESS, APPROVED JULY 11, 1942, 56 STAT. 657, WHICH AMENDED THE NATIONAL SERVICE LIFE INSURANCE ACT OF 1940, 54 STAT. 1009. HOWEVER, YOU ARE ADVISED THAT THIS ACT DOES NOT AUTHORIZE CONSIDERATION OF CLAIMS WHICH HAVE BEEN BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

IN THE EVENT ANY PAY AND ALLOWANCES WHICH HAD ACCRUED TO YOUR BROTHER INCIDENT TO HIS SERVICE IN THE PHILIPPINE SCOUTS REMAINED DUE AND UNPAID AT THE DATE OF HIS DEATH, JUNE 11, 1942, THE TIME FOR FILING CLAIM FOR SUCH ARREARS OF PAY HAD EXPIRED SEVERAL YEARS BEFORE YOUR CLAIM WAS RECEIVED. AS YOU WERE ADVISED IN OUR LETTER OF MAY 4, 1961, THE SPECIFIC PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBIT CONSIDERATION OF YOUR CLAIM AND THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.