B-142428, AUG. 25, 1960
Highlights
SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE OF ACCRUAL IT WAS RETURNED TO YOU ON SEPTEMBER 28. OUR CLAIMS DIVISION ADVISED YOU THAT THE ACTION TAKEN ON YOUR CLAIM WAS CORRECT AND WAS REQUIRED BY LAW. WAS NOT COMMON KNOWLEDGE IN THE PHILIPPINES. IT WAS EXPLAINED TO YOU IN DETAIL WHY YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE ACT OF OCTOBER 9. IT WAS EXPLAINED TO YOU THAT THE LOW DID NOT PERMIT THIS OFFICE TO MAKE EXCEPTIONS TO ITS EXPRESS PROVISIONS. THIS IS TRUE EVEN THOUGH THE CLAIMANT MAY HAVE BEEN COMPLETELY IGNORANT OF THE PROVISIONS OF THE STATUTE. WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9.
B-142428, AUG. 25, 1960
TO MR. MAXIMO A. ALONZAGA:
YOUR LETTER OF JULY 31, 1960, REFERS FURTHER TO YOUR CLAIM FOR COMPENSATION FOR SERVICES RENDERED THE MILITARY FORCES OF THE UNITED STATES DURING THE YEARS 1917 TO 1919.
SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE OF ACCRUAL IT WAS RETURNED TO YOU ON SEPTEMBER 28, 1959, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 37 U.S.C. 71A, 237, AS REQUIRED BY THAT ACT. BY LETTER OF JANUARY 8, 1960, OUR CLAIMS DIVISION ADVISED YOU THAT THE ACTION TAKEN ON YOUR CLAIM WAS CORRECT AND WAS REQUIRED BY LAW. IN YOUR LETTER OF MARCH 7, 1960, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM STATING THAT THE ACT OF OCTOBER 9, 1940, WAS NOT COMMON KNOWLEDGE IN THE PHILIPPINES.
BY DECISION B-142428, DATED APRIL 21, 1960, IT WAS EXPLAINED TO YOU IN DETAIL WHY YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. ALSO, IT WAS EXPLAINED TO YOU THAT THE LOW DID NOT PERMIT THIS OFFICE TO MAKE EXCEPTIONS TO ITS EXPRESS PROVISIONS. THIS IS TRUE EVEN THOUGH THE CLAIMANT MAY HAVE BEEN COMPLETELY IGNORANT OF THE PROVISIONS OF THE STATUTE.
WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER, WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9, 1940, SPECIFICALLY PROHIBITS US FROM GIVING CONSIDERATION TO YOUR CLAIM.