B-144450, FEB. 15, 1961

B-144450, FEB. 15, 1961

TO MRS. PAULINA DELA CRUZ:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1961, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED NOVEMBER 29, 1960, B 144450, WHICH SUSTAINED THE DENIAL BY OUR CLAIMS DIVISION OF YOUR CLAIM FOR WORLD WAR I BONUS BELIEVED DUE INCIDENT TO THE MILITARY SERVICE OF YOUR LATE HUSBAND, FELIX DELA CRUZ, WHO DIED IN 1924.

IN THAT DECISION WE CITED THE LAWS APPLICABLE TO THE MATTER AND WE EXPLAINED THE REASONS WHY YOUR CLAIM IS NOT FOR ALLOWANCE. SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, 40 STAT. 1151, AUTHORIZING THE BONUS TO BE PAID TO ALL PERSONS THERE SPECIFIED WHO SERVED IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES DURING WORLD WAR I, WHICH CONTAINS THE PROHIBITION AGAINST PAYMENTS "TO THE HEIRS OR LEGAL REPRESENTATIVES OF ANY PERSON ENTITLED TO ANY PAYMENT UNDER THIS SECTION WHO HAS DIED OR MAY DIE BEFORE RECEIVING SUCH PAYMENT" IS WITHOUT LIMITATION AS TO WHERE THE CLAIMANTS RESIDE AND DOES NOT APPLY ONLY TO DOMESTIC CLAIMANTS AS YOU SUGGEST. THEREFORE, IT WOULD APPLY TO ALL HEIRS OR LEGAL REPRESENTATIVES WHETHER THEY LIVE IN THE UNITED STATES, REPUBLIC OF THE PHILIPPINES OR ELSEWHERE. THE DATE, JANUARY 2, 1940, IS THE EXPIRATION DATE FOR CLAIMING BENEFITS PROVIDED BY THE ACT OF MAY 19, 1924, KNOWN AS THE WORLD WAR ADJUSTED COMPENSATION ACT, 43 STAT. 121, AS AMENDED, AND THERE IS NOTHING IN THE ACT OF AUGUST 23, 1935, 49 STAT. 729, BY WHICH AN APPLICATION FILED AFTER SUCH EXPIRATION DATE MAY BE CONSIDERED.

ACCORDINGLY, THE DECISION OF NOVEMBER 29, 1960, WHICH DENIED YOUR CLAIM IS AFFIRMED. WE TRUST ..END :