B-156068, JAN. 26, 1967

B-156068, JAN. 26, 1967

TO MAJOR GENERAL ALEJANDRO F. ARANDIA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 28, 1966, REQUESTING FURTHER CONSIDERATION OF THE CLAIM FOR BACK PAY AND ALLOWANCES FILED BY YOU ON BEHALF OF MANY FILIPINIOS WHO SERVED UNDER YOUR COMMAND AS GUERRILLAS DURING WORLD WAR II.

YOU HAVE BEEN ADVISED A NUMBER OF TIMES THAT WE ARE WITHOUT AUTHORITY TO CONSIDER THIS MATTER BECAUSE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION BY THIS OFFICE OF EVERY CLAIM OR DEMAND OF AN INDIVIDUAL AGAINST THE UNITED STATES COGNIZABLE BY THIS OFFICE IF NOT RECEIVED HERE WITHIN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED. HENCE, IF YOUR CLAIM IS ONE OTHERWISE FOR CONSIDERATION BY THIS OFFICE IT IS BARRED.

IT SHOULD BE NOTED THAT PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES WHO SERVED DURING WORLD WAR II WERE NOT PAID BY THE UNITED STATES DIRECTLY TO THE INDIVIDUALS INVOLVED BUT FUNDS FOR SUCH PAYMENTS WERE TRANSFERRED TO THE PHILIPPINE GOVERNMENT. SEE, FOR EXAMPLE, THE MILITARY APPROPRIATION ACT OF 1944, JULY 1, 1943, CH. 185, 57 STAT. 347, 365. UNDER SUCH PROVISIONS OF LAW IT BECAME THE RESPONSIBILITY OF THE GOVERNMENT OF THE PHILIPPINES TO PAY PROPER CLAIMS BY PHILIPPINE MILITARY PERSONNEL FOR PAY AND ALLOWANCES DUE THEM FOR WORLD WAR II SERVICE AND THUS IT APPEARS THAT YOUR CLAIM IF VALID AND ENTITLED TO CONSIDERATION, MAY RECEIVE SUCH CONSIDERATION ONLY BY THE GOVERNMENT OF THE PHILIPPINES.

ACCORDINGLY, YOU ARE AGAIN ADVISED THAT THERE IS NO FURTHER ACTION WHICH THIS OFFICE MAY TAKE IN THIS MATTER.