B-131913, JUN. 10, 1957

B-131913, JUN. 10, 1957

TO MR. ESTANISLAO FABROS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED MARCH 4, 1957, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR AN AMOUNT BELIEVED TO BE DUE AS ARREARS OF PAY IN THE CASE OF YOUR LATE FATHER, EULALIO FABROS, WHO, ACCORDING TO YOUR STATEMENTS, WAS A MEMBER OF "G" COMPANY, SECOND BATTALION, 14TH INFANTRY, AND DIED ON OR ABOUT OCTOBER 21, 1945.

THE RECORD SHOWS THAT YOUR LETTER OF OCTOBER 14, 1956, RELATING TO THE ARREARS OF PAY ALLEGED TO BE DUE IN THE CASE OF YOUR LATE FATHER, WAS RECEIVED IN OUR OFFICE ON NOVEMBER 29, 1956. SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN TEN YEARS FROM OCTOBER 21, 1945--- THE DATE WHEN THE CLAIM FIRST ACCRUED--- THE CITED ACT BARS US FROM GIVING CONSIDERATION TO IT.

RESPECTING YOUR STATEMENT THAT YOUR LATE FATHER WAS A MEMBER OF "G" COMPANY, SECOND BATTALION, 14TH INFANTRY, THE OFFICE OF THE ADJUTANT GENERAL OF THE ARMY HAS TRANSMITTED TO OUR OFFICE A COPY OF THE OFFICIAL ROSTER OF INDIVIDUALS DETERMINED TO HAVE ACQUIRED ARMY OF THE UNITED STATES STATUS THROUGH SERVICE WITH THE 14TH INFANTRY, AND YOUR LATE FATHER'S NAME DOES NOT APPEAR ON SUCH ROSTER.

THE ACTION TAKEN BY OUR CLAIMS DIVISION IN CONNECTION WITH YOUR CLAIM APPEARS TO HAVE BEEN CORRECT AND IS HEREBY SUSTAINED.