B-166368, JUL. 16, 1969

B-166368, JUL. 16, 1969

MILITARY - SIX MONTHS' DEATH - BARRED CLAIM DECISION TO CLAIMANT SUSTAINING ACTION IN DECISION OF MAY 5, 1969, THAT 6 MONTHS' DEATH GRATUITY ON ACCOUNT OF BROTHER WHO DIED MAY 21, 1942, WHILE SERVING IN THE USAFFE MAY NOT BE CONSIDERED UNDER ACT OF OCT. 9, 1940, 31 U.S.C. 71A, SINCE CLAIM WAS NOT RECEIVED IN GAO WITHIN 10 YEARS AFTER ITS ACCRUAL. GAO HAS NO AUTHORITY TO WAIVE ANY OF THE PROVISIONS OF THE ACT OF 1940 OR TO GRANT EXTENSION OF TIME LIMITATION. THE FILING OF A CLAIM WITH VETERANS ADMINISTRATION DOES NOT AFFECT THE OPERATION OF THE ACT OF OCT. 9, 1940.

TO MISS ANGELES L. MENDIOLA:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1969, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE SIX MONTHS' DEATH GRATUITY IN THE CASE OF YOUR BROTHER, DELFIN MENDIOLA, WHO DIED MAY 21, 1942, WHILE SERVING IN THE USAFFE. YOUR CLAIM WAS THE SUBJECT OF OUR DECISION OF MAY 5, 1969, B-166368, TO YOU, AND LETTERS OF APRIL 30, 1968, JULY 25, 1968, AND NOVEMBER 22, 1968, TO YOU FROM OUR CLAIMS DIVISION.

YOU WERE ADVISED IN CLAIMS DIVISION LETTERS AND THE DECISION OF MAY 5, 1969, THAT WE HAD NO AUTHORITY TO CONSIDER YOUR CLAIM BECAUSE IT WAS NOT RECEIVED IN THE OFFICE UNTIL APRIL 12, 1968, MORE THAN 10 FULL YEARS AFTER IT ACCRUED AND WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. IT WAS POINTED OUT THAT ALTHOUGH THE VETERANS ADMINISTRATION AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES, AND THAT THE FILING OF A CLAIM WITH THE VETERANS ADMINISTRATION, WHICH YOU SAY YOU DID, DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH THE GENERAL ACCOUNTING OFFICE.

YOU WERE ALSO ADVISED IN THE DECISION THAT THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE VETERANS ADMINISTRATION DOES NOT AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH REQUIRES THAT EVERY CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE PRIOR TO THE EXPIRATION OF THE 10-YEAR LIMITATION PERIOD IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND ITS MERITS CONSIDERED. THE ACT CLEARLY PROHIBITS THE CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN THE TIME LIMITATION SPECIFIED THEREIN.

IN YOUR LETTER OF JUNE 6, 1969, YOU SAY AMONG OTHER THINGS, THAT INFORMATION IN THE PHILIPPINES STATES THAT YOUR CLAIM MUST BE FILED ONLY IN THE VETERANS ADMINISTRATION OFFICE; THAT YOU ARE IGNORANT OF THE LAW AND THEREFORE YOUR CLAIM CANNOT BE BARRED; THAT THE ACT OF OCTOBER 9, 1940, IS NOT APPLICABLE TO PHILIPPINE VETERANS; AND THAT LEGISLATION PASSED IN JANUARY 1967 REMOVES THE TIME LIMIT FOR FILING CLAIMS.

WHILE WE ARE NOT AWARE OF ANY REQUIREMENT THAT CLAIMS ORIGINATING IN THE PHILIPPINES FOR THE SIX MONTHS' DEATH GRATUITY BE FILED IN THE VETERANS ADMINISTRATION OFFICE, SUCH A REQUIREMENT, IF IT EXISTS, IS WITHOUT EFFECT INSOFAR AS THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, ARE CONCERNED. CLAIMS FOR THE SIX MONTHS' DEATH GRATUITY, INCLUDING THOSE BY PHILIPPINE CLAIMANTS ARE SUBJECT TO THE PROVISIONS OF THE STATUTE AND WE HAVE NO CHOICE BUT TO APPLY THOSE PROVISIONS.

THE FACT THAT YOU MAY NOT HAVE KNOWN ABOUT THE BARRING ACT DOES NOT IN ANY WAY AFFECT ITS OPERATION. THIS OFFICE HAS NO AUTHORITY TO WAIVE ANY OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, OR TO GRANT ANY EXTENSION OF THE TIME LIMITATION THAT EVERY CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT ACCRUED AND WE ARE NOT AWARE OF ANY LEGISLATION WHICH MAY BE VIEWED AS REMOVING THE TIME LIMITATION FOR FILING CLAIMS FOR THE SIX MONTHS' DEATH GRATUITY IN YOUR CASE.

ACCORDINGLY, SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER IT ACCRUED, CONSIDERATION THEREOF IS NOT AUTHORIZED AND THE ACTION HERETOFORE TAKEN ON YOUR CLAIM IS SUSTAINED. UNLESS YOU CAN ESTABLISH THAT YOU FILED A CLAIM FOR THE GRATUITY IN THIS OFFICE WITHIN THE 10-YEAR PERIOD PRESCRIBED BY LAW, FURTHER CORRESPONDENCE ABOUT THE MATTER WILL SERVE NO USEFUL PURPOSE.