B-166179, MAR. 27, 1969

B-166179, MAR. 27, 1969

TO MR. NELSON NUQUI:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 28, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATIONS ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED APRIL 24, 1968, TO THE COMMANDER, DISABLED AMERICAN VETERANS, MAKATI, RIZAL (WHICH ORGANIZATION WROTE ON YOUR BEHALF) AND A LETTER TO YOU DATED OCTOBER 17, 1968, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH ALLOWANCES WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A.

YOU CONTEND THAT THE BARRING ACT IS NOT APPLICABLE TO YOUR CLAIM AS YOU MADE A CLAIM FOR BENEFITS TO THE DEPARTMENT OF THE ARMY IN OR ABOUT 1947, WHICH AGENCY YOU SUGGEST IS A PART OF THE GENERAL ACCOUNTING OFFICE. YOU STATE YOUR OPINION THAT SUCH A FILING SATISFIES THE REQUIREMENTS OF THE 1940 STATUTE.

THE DEPARTMENT OF THE ARMY IS NOT AN AGENCY UNDER THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE; BOTH ARE SEPARATE INDEPENDENT AGENCIES OF THE FEDERAL GOVERNMENT. APPARENTLY, THE CLAIM FILED BY YOU WITH THE DEPARTMENT OF THE ARMY IN 1947 WAS A CLAIM FOR PAY AND ALLOWANCES DUE YOU FOR THE PERIOD YOU WERE INVOLVED IN HOSTILITIES DURING WORLD WAR II, AND WHICH WOULD BE PAYABLE UNDER THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET SEQ. UNDER THE PROVISIONS OF THAT ACT, THE DEPARTMENT OF THE ARMY HAS AUTHORITY TO CONSIDER AND SETTLE SUCH CLAIM. THE GENERAL ACCOUNTING OFFICE IS WITHOUT AUTHORITY TO MODIFY OR CHANGE AN ADMINISTRATIVE SETTLEMENT MADE UNDER THAT ACT AS SECTION 11 (50 U.S.C. APP. 1011), MAKES SUCH ADMINISTRATIVE SETTLEMENTS FINAL AND CONCLUSIVE. HENCE, IF YOUR LETTER IS INTENDED TO BE A REQUEST FOR REVIEW OF THAT SETTLEMENT, SUCH REQUEST MUST BE DENIED.

IT MAY BE STATED, HOWEVER, THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT FOR ITEMS OF PAY AND ALLOWANCES, IN YOUR CASE QUARTERS AND RATIONS ALLOWANCES, UNLESS SUCH ITEMS WERE BEING CREDITED TO YOU ON DECEMBER 8, 1941, THE DATE YOU ENTERED A STATUS COVERED BY THE ACT. IN MAKING SETTLEMENT WITH YOU, THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED THAT YOU WERE NOT BEING PAID SUCH ALLOWANCES AT THAT TIME AND THAT AS A CONSEQUENCE A CREDIT OF SUCH ALLOWANCES TO YOUR ACCOUNT AFTER THAT DATE WAS NOT PROPER.

IF YOUR LETTER IS NOT INTENDED TO REQUEST REVIEW OF THE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY BUT INSTEAD IS INTENDED TO PRESENT A CLAIM WITHIN THE JURISDICTION OF THIS OFFICE, SUCH CLAIM IS CLEARLY BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

ACCORDINGLY, NO FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM WOULD BE APPROPRIATE.