B-138913, JUL. 1, 1968

B-138913: Jul 1, 1968

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FLORENTINO PASCO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 8. AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES INCIDENT TO YOUR SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS FROM WHICH YOU WERE DISCHARGED ON JUNE 30. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 11. YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE THE ACT OF OCTOBER 9. FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. WE HAVE NO RECORD OF THE RECEIPT IN THIS OFFICE OF ANY CLAIM FROM YOU FOR BENEFITS INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY PRIOR TO DECEMBER 11.

B-138913, JUL. 1, 1968

TO MR. FLORENTINO PASCO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 8, 1968, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES INCIDENT TO YOUR SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS FROM WHICH YOU WERE DISCHARGED ON JUNE 30, 1948.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON DECEMBER 11, 1967, AND BY LETTERS OF OUR CLAIMS DIVISION DATED JANUARY 4, 1968, AND APRIL 4, 1968, YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOU SAY THAT YOU "FILED CLAIM IN OR ABOUT 1945 FOR ALL MONETARY BENEFITS DUE ME DURING THE PERIOD OF THE WAR.' WE HAVE NO RECORD OF THE RECEIPT IN THIS OFFICE OF ANY CLAIM FROM YOU FOR BENEFITS INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY PRIOR TO DECEMBER 11, 1967. PRESUMABLY THE CLAIM TO WHICH YOU MAKE REFERENCE WAS ACTUALLY SUBMITTED TO THE DEPARTMENT OF THE ARMY.

THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH ANOTHER AGENCY OF THE FEDERAL GOVERNMENT OF THE UNITED STATES DOES NOT IN ANY WAY AFFECT THE OPERATION OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT EVERY CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE BEFORE 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 BY THIS OFFICE OF ANY CLAIM NOT RECEIVED WITHIN THE TIME LIMITATION SPECIFIED THEREIN. ANY CLAIM COGNIZABLE BY THIS OFFICE ARISING OUT OF YOUR MILITARY SERVICE MUST HAVE ACCRUED PRIOR TO THE DATE OF YOUR HONORABLE DISCHARGE ON JUNE 30, 1948, AND SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AFTER 10 YEARS FOLLOWING YOUR DISCHARGE, CONSIDERATION THEREOF IS NOT AUTHORIZED.

IT DOES NOT APPEAR THAT ANY AMOUNT COULD HAVE ACCRUED TO YOU AS MONETARY ALLOWANCE IN LIEU OF QUARTERS AND SUBSISTENCE IN ANY EVENT SINCE SUCH ALLOWANCES WERE PAYABLE UNDER EXECUTIVE ORDER NO. 9206, JULY 27, 1942, ONLY TO ENLISTED MEN IN SITUATIONS "WHERE QUARTERS AND RATIONS IN KIND ARE NOT FURNISHED.' UNDER THE LONG-ESTABLISHED RULE IN EFFECT AT THAT TIME, PAYMENT OF SUCH ALLOWANCES WAS NOT AUTHORIZED IN THE ABSENCE OF A CONTEMPORANEOUSLY ISSUED ORDER SPECIFICALLY DIRECTING THE PAYMENT THEREOF. SEE 8 COMP. GEN. 82. YOU HAVE NOT SUBMITTED A COPY OF AN ORDER OF THIS TYPE IN SUPPORT OF YOUR CLAIM AND IT APPEARS EXTREMELY UNLIKELY THAT SUCH AN ORDER COULD HAVE BEEN ISSUED AUTHORIZING PAYMENT OF SUCH ALLOWANCES TO YOU UNDER THE CONDITIONS WHICH PREVAILED DURING THE PERIOD OF THE WAR. IT IS ASSUMED THAT YOU WERE FURNISHED RATIONS AND QUARTERS IN KIND TO THE EXTENT THEN EXISTING CONDITIONS PERMITTED.