B-164224, JUN. 3, 1968

B-164224, JUN. 3, 1968

TO EMBASSY OF THE PHILIPPINES:

WE HAVE YOUR LETTER DATED APRIL 17, 1968, CONCERNING THE CLAIM OF MR. JOSE C. VELO, 262 INVERNESS STREET, STA. ANA, MANILA, PHILIPPINES, FOR RETIREMENT AND OTHER MONETARY BENEFITS INCIDENT TO HIS SERVICE IN THE ARMY OF THE UNITED STATES FROM JANUARY 1926 TO DECEMBER 1947.

MR. VELO'S CLAIM, FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 11, 1964, WAS RETURNED TO HIM BY LETTER OF OUR CLAIMS DIVISION DATED FEBRUARY 19, 1964, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH PROVIDES IN PERTINENT PART THAT:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN LETTER RECEIVED HERE ON SEPTEMBER 8, 1964, MR. VELO AGAIN PRESENTED HIS CLAIM FOR CONSIDERATION, CONTENDING THAT THE "TREATY OF GENERAL RELATIONS" BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES SIGNED JULY 4, 1946, 60 STAT. 1800, MADE THE BARRING ACT INAPPLICABLE IN HIS CASE. BY LETTER DATED SEPTEMBER 30, 1964, HE WAS ADVISED THAT THE TREATY OF INDEPENDENCE HAS NO BEARING ON THE SUBJECT MATTER OF HIS CLAIM; THAT THE ACT OF OCTOBER 9, 1940, IS APPLICABLE TO ALL CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, INCLUDING HIS CLAIM; THAT THIS OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT; AND THAT WE MAY MAKE NO EXCEPTION TO ITS PROVISIONS.

THE ACT OF OCTOBER 9, 1940, CLEARLY PROHIBITS THE CONSIDERATION BY THIS OFFICE OF ANY CLAIM NOT RECEIVED WITHIN THE TIME LIMIT SPECIFIED THEREIN. ANY CLAIM COGNIZABLE BY THIS OFFICE ARISING OUT OF MR. VELO'S MILITARY SERVICE MUST HAVE ACCRUED PRIOR TO THE DATE OF HIS HONORABLE DISCHARGE ON DECEMBER 5, 1947, AND SINCE THE CLAIM WAS NOT RECEIVED HERE UNTIL AFTER 10 YEARS FOLLOWING HIS DISCHARGE, CONSIDERATION THEREOF IS NOT AUTHORIZED.

ACCORDINGLY, THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.

WITH REGARD TO MR. VELO'S CLAIM FOR RETIREMENT, YOU ARE ADVISED THAT IN ORDER TO BE ENTITLED TO RETIRED PAY FOR NON-REGULAR SERVICE UNDER 10 U.S.C. 1331 A PERSON MUST MEET THE AGE AND SERVICE REQUIREMENTS SET OUT THEREIN. WHETHER MR. VELO MEETS THOSE QUALIFICATIONS IS A MATTER FOR CONSIDERATION BY THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY. IT APPEARS FROM THE RECORD ON FILE IN THIS OFFICE THAT SUCH RETIREMENT BENEFITS WERE DENIED BY THE ADJUTANT GENERAL BY LETTER DATED JULY 13, 1955.