B-131941, JAN. 27, 1958
Highlights
RELATING TO YOUR CLAIM FOR PAY FOR GUERRILLA SERVICES ALLEGED TO HAVE BEEN PERFORMED BY YOU AS AN ENLISTED MEMBER OF THE UNITED STATES NAVY DURING WORLD WAR II. WAS THE FIRST NOTICE WE HAD OF YOUR CLAIM AND THAT SINCE IT WAS RECEIVED IN OUR OFFICE ON JANUARY 31. YOUR CLAIM IS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. YOU SEEM TO PROTEST THIS HOLDING ON THE GROUND THAT THE PROVISIONS OF THE CITED ACT ARE NOT APPLICABLE TO YOUR CLAIM SINCE YOU STATE: "* * * THE LAWS OF THE UNITED STATES ARE RESTRICTED TO LIMITED RECOGNIZED UNITED STATES OFFICES AND PERSONNEL. ARE PUBLICIZED ON ANY DAILY NEWSPAPERS OF GENERAL IN CIRCULATIONS WHICH EVERYBODY HAVE THE CHANCE TO GLANCE OR READ WHAT HE IS INTERESTED OFF.
B-131941, JAN. 27, 1958
TO MR. SALVADOR FLORES:
UNDER DATE OF DECEMBER 19, 1957, THE CHIEF OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, FORWARDED HERE FOR REPLY A COPY OF YOUR LETTER OF DECEMBER 10, 1957, TO THAT OFFICIAL, RELATING TO YOUR CLAIM FOR PAY FOR GUERRILLA SERVICES ALLEGED TO HAVE BEEN PERFORMED BY YOU AS AN ENLISTED MEMBER OF THE UNITED STATES NAVY DURING WORLD WAR II.
IN OUR LETTER OF JUNE 17, 1957, WE POINTED OUT THAT YOUR LETTER OF AUGUST 27, 1956, WAS THE FIRST NOTICE WE HAD OF YOUR CLAIM AND THAT SINCE IT WAS RECEIVED IN OUR OFFICE ON JANUARY 31, 1957, YOUR CLAIM IS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU SEEM TO PROTEST THIS HOLDING ON THE GROUND THAT THE PROVISIONS OF THE CITED ACT ARE NOT APPLICABLE TO YOUR CLAIM SINCE YOU STATE:
"* * * THE LAWS OF THE UNITED STATES ARE RESTRICTED TO LIMITED RECOGNIZED UNITED STATES OFFICES AND PERSONNEL, AND ARE PUBLICIZED ON ANY DAILY NEWSPAPERS OF GENERAL IN CIRCULATIONS WHICH EVERYBODY HAVE THE CHANCE TO GLANCE OR READ WHAT HE IS INTERESTED OFF. SO IT IS EXCUSABLE FOR FILIPINOS LIKE US, LIVING IN A DISTANCE PLACES LIKE THE PHILIPPINES, WHOM COULD BE GIVEN RECONSIDERATION FOR THEIR FAITHFUL AND HONEST (SERVICES) DURING THE WAR OF THE UNITED STATES WITH JAPAN * * *.'
WE MUST AGAIN INVITE YOUR ATTENTION TO THE ACT OF OCTOBER 9, 1940, WHICH SPECIFICALLY PROVIDES THAT "EVERY CLAIM" COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED HERE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE ACT PERMITS OF NO EXCEPTIONS--- OTHER THAN AS INDICATED IN OUR LETTER OF JUNE 17, 1957--- AND IS CLEARLY FOR APPLICATION IN CONNECTION WITH YOUR CLAIM. THE FACT THAT YOU MAY NOT HAVE HAD KNOWLEDGE OF THE LIMITING PROVISIONS OF THE ACT CONSTITUTES NO BASIS FOR AN EXCEPTION IN YOUR CASE. FURTHERMORE, YOU WERE ADVISED IN OUR LETTER THAT THE INFORMATION SUBMITTED BY YOU FURNISHED NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM EVEN IF IT HAD BEEN TIMELY PRESENTED.
ON THE BASIS OF THE RECORD, WE HAVE NO ALTERNATIVE BUT TO ADHERE TO OUR PREVIOUS ACTION IN THIS CASE.