B-143539, SEP. 13, 1960
Highlights
TOPINIO: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29. YOU WERE ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. THERE IS NO RECORD OF ANY CLAIM FROM YOU HAVING BEEN RECEIVED IN THE GENERAL ACCOUNTING OFFICE PRIOR TO THE EXPIRATION OF THE 10-YEAR PERIOD IN YOUR CASE. NONE OF THE LETTERS CITED ABOVE WERE INTENDED TO QUESTION YOUR STATUS AS A VETERAN. WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT THE ACT OF OCTOBER 9. FURTHER INQUIRY FROM YOU CONCERNING YOUR CLAIM WILL SERVE NO USEFUL PURPOSE.
B-143539, SEP. 13, 1960
TO MR. JOAQUIN S. TOPINIO:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1960, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED DUE AT DATE OF DISCHARGE, JULY 11, 1946, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT, ASN 10 626 035.
BY LETTERS OF FEBRUARY 1 AND APRIL 7, 1960, YOU WERE ADVISED THAT YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE THE CLAIM FIRST ACCRUED AND THE DATE IT WAS FIRST RECEIVED IN THIS OFFICE. IN OUR LETTER TO YOU DATED JULY 27, 1960, B-143539, WE AGAIN SET FORTH THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND EXPLAINED TO YOU IN DETAIL WHY SUCH STATUTE PRECLUDES US FROM CONSIDERING YOUR CLAIM. AS POINTED OUT IN THAT LETTER, THERE IS NO RECORD OF ANY CLAIM FROM YOU HAVING BEEN RECEIVED IN THE GENERAL ACCOUNTING OFFICE PRIOR TO THE EXPIRATION OF THE 10-YEAR PERIOD IN YOUR CASE. CONTRARY TO WHAT SEEMS TO BE YOUR UNDERSTANDING, SUCH 10-YEAR PERIOD COULD ONLY BE INTERRUPTED AND EXTENDED BY PERIODS OF ACTIVE MILITARY SERVICE AFTER YOUR DISCHARGE ON JULY 11, 1946. ALSO, NONE OF THE LETTERS CITED ABOVE WERE INTENDED TO QUESTION YOUR STATUS AS A VETERAN.
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. FURTHER INQUIRY FROM YOU CONCERNING YOUR CLAIM WILL SERVE NO USEFUL PURPOSE.