B-173514, AUG 9, 1971

B-173514, AUG 9, 1971

PHILLIPINE WAR BONUS - BARRED CLAIM AFFIRMING PRIOR DECISION DISALLOWING CLAIM OF MR. ISIDRO N. GARCIA FOR WAR BONUS AND OTHER CLAIMS INCIDENT TO EMPLOYMENT WITH THE UNITED STATES DEPARTMENT OF THE ARMY FROM NOVEMBER 16, 1945 TO SEPTEMBER 27, 1948, AND FROM SEPTEMBER 10, 1953, TO DECEMBER 6, 1955. RECONSIDERATION AS TO EITHER PERIOD IS NOT POSSIBLE EVEN IF CLAIMANT WAS IN THE SERVICE OF THE UNITED STATES DURING THE KOREAN WAR AS ALLEGED. THE CLAIM FOR 1945-1948 WAS FILED ON AUGUST 21, 1959, WHICH WAS TIME BARRED EVEN WITH A FIVE YEAR EXTENSION FROM THE KOREAN ARMISTICE. AS TO THE 1953 -55 PERIOD, THIS CLAIM WAS DISALLOWED ON THE MERITS; THUS, ALLEGED SERVICE IN KOREA AS A BASIS FOR AN EXTENSION IS IRRELEVANT.

TO MR. ISIDRO N. GARCIA:

WE HAVE RECEIVED YOUR LETTER OF JUNE 10, 1971, IN WHICH YOU REQUEST RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT CERTIFICATE DATED JANUARY 14, 1960, THAT DENIED YOUR CLAIM FOR ADDITIONAL OVERTIME COMPENSATION, DIFFERENTIAL PAY, SUBSISTENCE AND QUARTERS ALLOWANCE, AND WAR BONUS INCIDENT TO YOUR EMPLOYMENT WITH THE UNITED STATES DEPARTMENT OF THE ARMY (TRANSPORTATION CORPS) FROM NOVEMBER 16, 1945, TO SEPTEMBER 27, 1948, AND FROM SEPTEMBER 10, 1953, TO DECEMBER 6, 1955.

THE BASIS OF YOUR REQUEST FOR RECONSIDERATION IS APPARENTLY YOUR VIEW THAT YOU WERE EXEMPTED FROM THE TIME LIMITATIONS FOR FILING CLAIMS AGAINST THE UNITED STATES BY VIRTUE OF YOUR SERVICE WITH THE 24 CORPS, APO 59 AT SEOUL, SOUTH KOREA. APPARENTLY, YOU HAVE REFERENCE TO THE PROVISO IN THE BARRED CLAIMS ACT OF 1940, CODIFIED IN 31 U.S.C. 71A, TO THE EFFECT THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN 5 YEARS AFTER THE CLAIM ACCRUES, SUCH A CLAIM MAY BE PRESENTED FOR CONSIDERATION WITHIN 5 YEARS AFTER PEACE IS ESTABLISHED. YOU DO NOT DEFINITELY SAY WHETHER YOUR SERVICE WITH THE 24 CORPS, APO 59, SEOUL, SOUTH KOREA, WAS PERFORMED IN A MILITARY CAPACITY OR A CIVILIAN CAPACITY, IT BEING NOTED THAT CIVILIAN SERVICE WOULD NOT QUALIFY FOR THE TIME EXTENSION GRANTED BY SUCH LAW. HOWEVER, EVEN THOUGH YOU WERE A MEMBER OF THE MILITARY FORCES, WE POINT OUT THAT THE KOREAN CONFLICT WAS TERMINATED BY AN ARMISTICE AGREEMENT ON JULY 27, 1953. THIS WOULD HAVE REQUIRED YOUR CLAIM FOR THE EMPLOYMENT PERIOD FROM 1945 TO 1948 TO HAVE BEEN FILED IN OUR OFFICE BY JULY 27, 1958, WHEREAS SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL AUGUST 21, 1959.

THE PORTION OF YOUR CLAIM DERIVED FROM YOUR ARMY EMPLOYMENT BETWEEN SEPTEMBER 10, 1953, AND DECEMBER 6, 1955, WAS NEVER CONSIDERED TO HAVE BEEN TIME BARRED PURSUANT TO THE BARRED CLAIMS ACT DISCUSSED ABOVE. RATHER, IT WAS DISALLOWED ON THE MERITS FOR REASONS STATED IN THE SETTLEMENT CERTIFICATE DATED JANUARY 14, 1960. YOUR PRESENT LETTER DOES NOT APPEAR TO QUESTION THAT DISALLOWANCE AND DOES NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM FOR THE PERIOD FROM 1953 TO 1955. WE THEREFORE ARE NOT AWARE OF ANY BASIS FOR MODIFYING THE ACTION TAKEN PREVIOUSLY IN DENYING YOUR CLAIM.