B-170046, JUL. 14, 1970

B-170046, JUL. 14, 1970

MILITARY -- DEATH COMPENSATION FOR FOSTER SON DECISION TO A FOSTER MOTHER DISALLOWING CLAIM FOR COMPENSATION BELIEVED DUE HER BROTHER-IN-LAW INCIDENT TO DEATH AS RESULT OF WOUNDS RECEIVED FROM ENEMY SHRAPNEL WHILE EMPLOYED AS A LABORER BY THE U.S. ARMY IN THE PHILIPPINES. FOSTER MOTHER WHO CLAIMS COMPENSATION INCIDENT TO DEATH OF BROTHER-IN LAW WHO WAS EMPLOYED BY THE U.S. ARMY IN THE PHILIPPINES ON 5 MAY 1945, MUST HAVE CLAIM BARRED SINCE IT WAS NOT FILED WITHIN THE 10 YEAR LIMITATION PERIOD FROM DATE OF THE INCIDENT.

TO MRS. FAUSTINA OMACENG DE ABATEN:

IN YOUR LETTER OF APRIL 5, 1970, YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR DEATH COMPENSATION DUE TO THE DEATH OF YOUR FOSTER SON, DANIEL ABATEN, WHICH YOU SAY WAS BARRED BY OFFICE LETTER OF DECEMBER 24, 1963.

IN A LETTER ADDRESSED TO THE FEDERAL RECORDS CENTER, ST. LOUIS, MISSOURI, DATED DECEMBER 6, 1961, YOU MADE CLAIM AS FOSTER MOTHER OF YOUR DECEASED BROTHER-IN-LAW, DANIEL ABATEN. YOU INDICATED THAT HE HAD BEEN EMPLOYED AS A DAY LABORER BY THE UNITED STATES ARMY FROM JANUARY 20, 1945, UNTIL MAY 5, 1945, WHEN HE DIED FROM SHRAPNEL WOUNDS INFLICTED BY THE ENEMY AT VILLA VERDE TRAIL, NUEVA VISCAYA, PHILIPPINES. YOUR CLAIM WAS REFERRED TO THIS OFFICE AND WAS TREATED AS A CLAIM FOR AMOUNTS DUE YOUR BROTHER-IN-LAW. LETTER OF JANUARY 24, 1962, YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, CONSIDERATION OF YOUR CLAIM WAS BARRED BECAUSE IT HAD NOT BEEN RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED.

IN A LETTER OF NOVEMBER 6, 1963, YOU SAID IN EFFECT THAT WITHIN 10 YEARS AFTER DANIEL ABATEN'S DEATH, YOUR HUSBAND HAD FILED A CLAIM ON YOUR BEHALF, AND YOU REQUESTED RECONSIDERATION OF YOUR CLAIM ON THAT BASIS. DECEMBER 24, 1963, YOU WERE AGAIN ADVISED THAT YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE TO DANIEL ABATEN FOR THE PERIOD ENDING MAY 5, 1945, AS AN EMPLOYEE OF THE UNITED STATES ARMY, WAS BARRED AS OUR RECORDS FAILED TO SHOW OUR RECEIPT OF A CLAIM ON YOUR BEHALF PRIOR TO 1961.

YOUR CURRENT LETTER INDICATES THAT A CLAIM FOR DEATH COMPENSATION WAS SUBMITTED TO THE BUREAU OF EMPLOYEES' COMPENSATION AT MANILA, PHILIPPINES, IN 1946, AND THAT IT WAS DISALLOWED BY THE BUREAU. YOU REQUEST US TO SECURE ITS RECORDS WHICH YOU BELIEVE WILL INDICATE THAT A CLAIM WAS FILED ON YOUR BEHALF WITHIN 10 YEARS OF DANIEL ABATEN'S DEATH, AND THEREFORE, YOUR CLAIM FOR DEATH COMPENSATION SHOULD NOT BE BARRED BECAUSE OF DELAY IN SUBMISSION OF A CLAIM TO THE GENERAL ACCOUNTING OFFICE.

THE BUREAU OF EMPLOYEES' COMPENSATION, WHICH WAS TRANSFERRED FROM THE FEDERAL SECURITY AGENCY TO THE DEPARTMENT OF LABOR, EFFECTIVE MAY 24, 1950, AND NOT THIS OFFICE, ADMINISTERS CLAIMS FOR DEATH COMPENSATION OF UNITED STATES GOVERNMENT EMPLOYEES. FOR FURTHER INFORMATION REGARDING ANY CLAIM FOR SUCH DEATH COMPENSATION WHICH MAY HAVE BEEN SUBMITTED IN 1946, YOU SHOULD CONTACT THE BUREAU OF EMPLOYEES' COMPENSATION, DEPARTMENT OF LABOR, FOURTEENTH STREET AND CONSTITUTION AVENUE, N. W., WASHINGTON, D. C. 20210.

THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE (WITH CERTAIN EXCEPTIONS NOT APPLICABLE HERE) SHALL BE FOREVER BARRED UNLESS SUCH CLAIM BE RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

SINCE YOUR CLAIM FOR AMOUNTS DUE DANIEL ABATEN WAS FIRST RECEIVED IN THIS OFFICE IN 1961, MORE THAN 10 YEARS AFTER THE ACCRUAL OF ANY POSSIBLE CLAIM, IT IS BARRED TO THE EXTENT THAT IT IS COGNIZABLE BY THIS OFFICE. THE FILING OF A CLAIM WITH ANOTHER AGENCY, SUCH AS THE BUREAU OF EMPLOYEES' COMPENSATION, WOULD NOT BE SUFFICIENT FOR THIS PURPOSE.

FOR THE REASONS STATED ABOVE, NO FURTHER ACTION MAY BE TAKEN IN THE MATTER BY THIS OFFICE.