B-159997, JAN. 11, 1967

B-159997, JAN. 11, 1967

TO MR. MELECIO P. PALABRICA:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 5, 1966, PROTESTING OUR DECISIONS OF SEPTEMBER 19 AND NOVEMBER 17, 1966, AND REQUESTING STILL FURTHER CONSIDERATION OF YOUR CLAIM FOR $60 DISCHARGE BONUS PAYMENT BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM ARMY SERVICE ON DECEMBER 19, 1918.

YOU NOW CONTEND THAT THE RECORDS CONCERNING YOUR MILITARY SERVICE ARE IN ERROR AND THAT YOUR SERVICE IN THE UNITED STATES ARMY BEGAN BEFORE THE NOVEMBER 20, 1918, DATE STATED IN OUR PREVIOUS CORRESPONDENCE. YOU STATE THAT YOU RENDERED SERVICE AS A NATIONAL GUARDSMAN "IN THE WAR EFFORTS OF THE US" AS EARLY AS AUGUST 1918 AND, THEREFORE, YOU FEEL ENTITLED TO THIS BONUS.

THE RECORDS SHOW THAT YOU ENLISTED ON OCTOBER 30, 1918, FOR SERVICE IN COMPANY D, 8TH INFANTRY, OF THE PHILIPPINE NATIONAL GUARD. HOWEVER, YOU RENDERED NO ACTIVE SERVICE AND DREW NO PAY AS A MEMBER OF THE MILITARY FORCES OF THE UNITED STATES UNTIL YOU REPORTED FOR DUTY AND WERE MUSTERED IN FOR WORLD WAR I SERVICE IN THE UNITED STATES ARMY ON NOVEMBER 20, 1918. UNDER THE PROVISIONS OF SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, EVEN PERSONS WHO WERE INDUCTED INTO THE ARMED FORCES IN THE CONTINENTAL UNITED STATES BEFORE NOVEMBER 11, 1918, WERE NOT ENTITLED TO THE BONUS PAYMENT UNLESS THEY ACTUALLY REPORTED FOR ACTIVE DUTY AT THEIR FIRST STATION ON OR PRIOR TO THAT DATE. YOU DID NOT SO REPORT UNTIL NOVEMBER 20, 1918.

HOWEVER, IRRESPECTIVE OF WHETHER SUCH PAYMENT DID OR DID NOT ACCRUE TO YOU, YOUR CLAIM IS GOVERNED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH, AS WE STATED IN OUR DECISION OF SEPTEMBER 19, 1966, SPECIFICALLY PROHIBITS THIS OFFICE FROM RECOGNIZING CLAIMS THAT WERE NOT RECEIVED BY US WITHIN 10 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

THE LANGUAGE OF THAT ACT IS QUITE EXPLICIT AND READS IN PERTINENT PART:

"/1)EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

EVEN IF YOU HAD A VALID CLAIM, SUCH CLAIM WOULD HAVE ACCRUED ON FEBRUARY 24, 1919, UPON PASSAGE OF THE LAW PROVIDING FOR PAYMENT OF THE DISCHARGE BONUS. OUR FILE REFLECTS THAT THE FIRST NOTICE WHICH WE RECEIVED OF YOUR CLAIM WAS ON NOVEMBER 20, 1959, MORE THAN 40 YEARS AFTER ENACTMENT OF THE BONUS LAW IN 1919 AND MANY YEARS AFTER PASSAGE OF THE BARRING ACT OF 1940.

ACCORDINGLY, THERE IS NO FURTHER ACTION WHICH THIS OFFICE MAY TAKE ON YOUR CLAIM AND WE ADHERE TO THE VIEWS EXPRESSED IN OUR DECISIONS OF SEPTEMBER 19, AND NOVEMBER 17, 1966.