B-162846, NOV. 22, 1967
Highlights
SINCE CLAIM WAS NOT SUBMITTED UNTIL MORE THAN 50 YEARS AFTER DISCHARGE AND MANY YEARS AFTER 1940 BARRING ACT. CONSIDERATION OF CLAIM IS SPECIFICALLY PROHIBITED BY LAW. SUERTE: REFERENCE IS MADE TO CORRESPONDENCE FROM THE U. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED MARCH 25. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. CONSIDERATION BY THIS OFFICE OF CLAIMS FOR MILITARY PAY AND ALLOWANCES IS GOVERNED BY THE ABOVE-CITED PROVISIONS OF LAW. SUCH CLAIMS MUST BE RECEIVED HERE WITHIN TEN FULL YEARS FROM THE DATE THEY FIRST ACCRUE OR CONSIDERATION OF THEM IS NOT AUTHORIZED. SUCH CLAIM WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON AUGUST 25.
B-162846, NOV. 22, 1967
ARMED SERVICES - PAY - PHILIPPINE SCOUT DECISION TO FORMER PHILIPPINE SCOUT FOR BACK PAY AND ALLOWANCES INCIDENT TO SERVICE FROM FEB. 28, 1914 TO AUGUST 25, 1915. SINCE CLAIM WAS NOT SUBMITTED UNTIL MORE THAN 50 YEARS AFTER DISCHARGE AND MANY YEARS AFTER 1940 BARRING ACT, CONSIDERATION OF CLAIM IS SPECIFICALLY PROHIBITED BY LAW.
TO MR. ROQUE DE LOS R. SUERTE:
REFERENCE IS MADE TO CORRESPONDENCE FROM THE U. S. ARMY FINANCE CENTER, WHICH WE RECEIVED ON OCTOBER 9, 1967, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS FROM FEBRUARY 28, 1914, TO AUGUST 25, 1915.
OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS TO YOU FROM OUR CLAIMS DIVISION DATED MARCH 25, 1966, AND SEPTEMBER 7, 1966, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH 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 * * *"
IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).
CONSIDERATION BY THIS OFFICE OF CLAIMS FOR MILITARY PAY AND ALLOWANCES IS GOVERNED BY THE ABOVE-CITED PROVISIONS OF LAW. SUCH CLAIMS MUST BE RECEIVED HERE WITHIN TEN FULL YEARS FROM THE DATE THEY FIRST ACCRUE OR CONSIDERATION OF THEM IS NOT AUTHORIZED. IF YOU HAD A VALID CLAIM FOR BACK PAY AND ALLOWANCES FOR SERVICE IN THE PHILIPPINE SCOUTS DURING THE PERIOD IN QUESTION, SUCH CLAIM WOULD HAVE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON AUGUST 25, 1915. YOUR CLAIM, DATED FEBRUARY 4, 1966, WAS NOT SUBMITTED UNTIL MORE THAN 50 YEARS AFTER YOUR DISCHARGE AND MANY YEARS AFTER THE PASSAGE OF THE 1940 BARRING ACT.
ACCORDINGLY, CONSIDERATION OF YOUR CLAIM FOR SUCH PAY AND ALLOWANCES IS SPECIFICALLY PROHIBITED BY LAW, AND THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.
CONCERNING THE "PENSION" MENTIONED BY YOU, YOU ARE ADVISED THAT THIS OFFICE HAS NO JURISDICTION OVER SUCH MATTERS. ANY INQUIRIES YOU MAY HAVE WITH REGARD TO A PENSION SHOULD BE SUBMITTED TO THE VETERANS ADMINISTRATION.