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B-145522, MAY 4, 1961

B-145522 May 04, 1961
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RAVELLO: REFERENCE IS MADE TO YOUR LETTER OF MARCH 21. WAS RECEIVED IN OUR CLAIMS DIVISION ON JUNE 6. WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. BARS CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER DATE OF ACCRUAL AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JUNE 6. CONSIDERATION OF SUCH CLAIM WAS BARRED. THE OFFICIAL RECORDS SHOWING THE PAYMENTS WHICH WERE MADE TO YOUR BROTHER PRIOR TO HIS DEATH WHILE A PRISONER OF WAR IN 1942 WOULD BE NECESSARY IN ORDER TO DETERMINE THE BALANCE. IT IS NECESSARY. TO HAVE A TIME LIMIT ON FILING SUCH CLAIMS AND THE ACT OF OCTOBER 9. YOUR STATEMENT THAT THE STATUTE OF LIMITATIONS IS NOT APPLICABLE TO PAYMENT OF ARREARS OF PAY DUE AT THE DEATH OF A SOLDIER IS INCORRECT.

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B-145522, MAY 4, 1961

TO MISS ANA L. RAVELLO:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1961, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED BY YOU TO BE DUE THE ESTATE OF YOUR BROTHER, AGATON L. RAVELLO, INCIDENT TO HIS SERVICE IN THE PHILIPPINE SCOUTS.

YOUR ORIGINAL CLAIM STATING THAT YOUR BROTHER DIED ON JUNE 11, 1942, WAS RECEIVED IN OUR CLAIMS DIVISION ON JUNE 6, 1960, AND WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. AFTER RECEIPT OF YOUR LETTER OF SEPTEMBER 15, 1960, REQUESTING RECONSIDERATION, CLAIMS DIVISION LETTER DATED OCTOBER 10, 1960, ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, BARS CONSIDERATION OF CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER DATE OF ACCRUAL AND THAT SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JUNE 6, 1960, MORE THAN 10 YEARS AFTER YOUR BROTHER'S DEATH, CONSIDERATION OF SUCH CLAIM WAS BARRED.

THE OFFICIAL RECORDS SHOWING THE PAYMENTS WHICH WERE MADE TO YOUR BROTHER PRIOR TO HIS DEATH WHILE A PRISONER OF WAR IN 1942 WOULD BE NECESSARY IN ORDER TO DETERMINE THE BALANCE, IF ANY, OF PAY AND ALLOWANCES REMAINING DUE AND UNPAID. HOWEVER, SUCH RECORDS MAY NOT BE KEPT AVAILABLE INDEFINITELY. IT IS NECESSARY, THEREFORE, TO HAVE A TIME LIMIT ON FILING SUCH CLAIMS AND THE ACT OF OCTOBER 9, 1940, HAS FIXED THAT TIME LIMIT AS 10 YEARS AFTER THE DATE OF ACCRUAL OF THE CLAIM. YOUR STATEMENT THAT THE STATUTE OF LIMITATIONS IS NOT APPLICABLE TO PAYMENT OF ARREARS OF PAY DUE AT THE DEATH OF A SOLDIER IS INCORRECT. IF THE AMOUNT DUE AT THE TIME OF DEATH IS NOT PAID TO THE PERSONS ENTITLED THERETO, A CLAIM FOR SUCH ARREARS OF PAY MUST BE FILED WITHIN THE 10-YEAR PERIOD PRESCRIBED IN THAT ACT, UNLESS SOME OTHER PROVISION OF LAW PERMITS THE FILING OF A CLAIM AT A LATER TIME. WE KNOW OF NO PROVISION OF LAW WHICH PERMITS SUCH ACTION IN THIS CASE.

WE TRUST YOU WILL UNDERSTAND THAT IN VIEW OF THE SPECIFIC PROVISIONS OF THE ACT OF OCTOBER 9, 1940, WE ARE PROHIBITED FROM CONSIDERING YOUR CLAIM AND THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.

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