B-162815, JUN. 11, 1968

B-162815, JUN. 11, 1968

TO MR. IGNACIO A. PARINGIT:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 13, 1968, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR SERVICES AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS.

YOU WERE FULLY ADVISED IN OUR DECISIONS OF JANUARY 18 AND MARCH 14, 1968, B-162815, WHY YOUR CLAIM MAY NOT BE CONSIDERED BY THIS OFFICE. IT WAS POINTED OUT IN THOSE DECISIONS THAT THE GOVERNING PROVISION OF LAW, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WITHOUT EXCEPTION, PRECLUDES THIS OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS RECEIVED HERE MORE THAN 10 YEARS AFTER SEPTEMBER 21, 1949, THE DATE OF YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS AND THE DATE OF ACCRUAL OF YOUR CLAIM. IT WAS ALSO POINTED OUT THAT THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF THAT LAW AFFORDS NO LEGAL BASIS FOR OUR CONSIDERATION OF YOUR CLAIM.

YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT YOUR CLAIM WAS RECEIVED IN THIS OFFICE AT ANY TIME PRIOR TO SEPTEMBER 21, 1959, THE LAST DAY ON WHICH YOUR CLAIM WAS REQUIRED TO BE RECEIVED HERE IN ORDER THAT IT COULD BE CONSIDERED ON ITS MERITS; AND, OUR RECORDS DO NOT SHOW THAT IT WAS RECEIVED PRIOR TO THAT DATE. IN SUCH CIRCUMSTANCES, YOUR CLAIM IS EXPRESSLY BARRED FROM CONSIDERATION BY THE 1940 LAW BECAUSE IT WAS NOT TIMELY RECEIVED IN THIS OFFICE.

SINCE WE ARE PROHIBITED BY LAW FROM CONSIDERING YOUR CLAIM, WE HAVE NO ALTERNATIVE BUT TO AGAIN ADVISE YOU THAT FURTHER ACTION ON YOUR CLAIM WILL NOT BE TAKEN BY THIS OFFICE.