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B-230322,B-230323,B-230324,B-230326,B-230327 1 (1988-06-09)

handle is hein.gao/gaobadnct0001 and id is 1 raw text is: 

The Comptroller General
of the United States
Washington, D.C. 20548

Decision


           Maximo D. Bas, et al. - Backpay - World
Matterof:  War II Philippine Guerrillas

File:      B-230322, B-230323, B-230324, B-230326, B-230327

Date:     June 9, 1988
DIGEST

The barring act, 31 U.S.C. S 3702(b)(1), provides that
a claim against the government must be received in the
General Accounting Office (GAO) within 6 years of accrual
to be considered on its merits, and GAO has no authority
to waive the time limitation. Therefore, claims for wartime
compensation by former members of a World War II Filipino
guerrilla organization first received in GAO in 1987 are
barred from consideration as being untimely received. In
any event, such claims are for presentation to and adjudica-
tion by the Philippine government under a June 29, 1967,
agreement, whereby the United States agreed to transfer
funds to the Philippine government in full settlement of
Philippine guerrilla claims and the Philippine government
agreed to receive and adjudicate such claims.

DECISION

This action is in response to an appeal of settlements
by our Claims Group which disallowed claims by five
individualsl/ for compensation believed due for service
rendered during World War II in the Philippines as
members of the Walter Cushing Guerrilla Organization.
The disallowance was based on the provisions of the
barring act, as amended, 31 U.S.C. S 3702(b)(1), which
bars claims not received within 6 years of the date
they accrued. In the appeal it is contended that the
compensation in question is payable as a result of
Congressional recognition of such service, and that
the members of the organization were unaware of the
provisions of the barring act.

To the extent the claimants may have had any claims
directly against the United States for World War II


1/ The claimants are Maximo D. Bas, Pedro C. Ducducan,
Betty Fuentes Artificio, Agapito P. Doria, and Adriano B.
Campo.

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