B-161254, SEP. 8, 1970

B-161254, SEP. 8, 1970

MUSTERING-OUT PAY DECISION TO A FORMER MEMBER OF THE PHILIPPINE ARMY DISALLOWING CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM MILITARY SERVICE IN 1945. FORMER MEMBER OF THE PHILIPPINE ARMY, WHO CLAIMS ADDITIONAL MUSTERING OUT PAY INCIDENT TO DISCHARGE MAY NOT HAVE CLAIM CONSIDERED BY GAO, HOWEVER, IF VALID, CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT FOR CONSIDERATION.

TO MR. ANGEL M. PUNZALAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1945. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

YOU CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT NO. 263 OF THE CONGRESS DATED 9 JANUARY 1963 APPROVED SEPTEMBER 30, 1965." WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER. IF YOU HAVE IN MIND PUBLIC LAW 263 OF THE 88TH CONGRESS, WHICH WAS IN SESSION IN JANUARY 1963, YOU ARE ADVISED THAT PUBLIC LAW 88-263 WAS NOT APPROVED UNTIL JANUARY 31, 1964, AND THAT NEITHER THAT LAW NOR ANY LAW ENACTED ON SEPTEMBER 30, 1965, IN ANY WAY RELATES TO MUSTERING OUT PAY. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9, 1963.

YOU ALSO REFER TO "THE PROVISION OF 311-322 OF (T.M.) 502 MUSTERING OUT PAY LAW." PRESUMABLY, YOU HAVE REFERENCE TO SECTION V, CHAPTER 10, T.M. 14-502, WHICH CONTAINS REGULATIONS RELATING TO MUSTERING-OUT PAYMENTS UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.). SECTION 2(A)(1) OF THAT ACT PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO OTHERWISE QUALIFIED PERSONS WHO SERVED 60 DAYS OR MORE AND SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR ALASKA.

THE MUSTERING-OUT PAYMENT ACT OF 1944 AUTHORIZED THE PAYMENT OF MUSTERING -OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE FOR VARIOUS PERIODS OF TIME DURING WORLD WAR II. SECTION 6(A) OF THAT ACT DEFINED THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN--

" *** ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS *** ."

CORRESPONDENCE RECEIVED FROM YOU INDICATES THAT THE SERVICE YOU PERFORMED MAY NOT HAVE BEEN AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY. SHOULD THAT BE CORRECT, IT WOULD APPEAR THAT NO RIGHT TO MUSTERING-OUT PAY WOULD HAVE ACCRUED TO YOU UNDER ANY OF THE PROVISIONS OF LAW RELATING THERETO. WE ARE NOT AWARE OF ANY LAW WHICH ENTITLED MEMBERS OF THE PHILIPPINE ARMY SERVING WITH THE USAFFE TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT.

FUNDS FOR PAYMENT OF ITEMS OF PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES SERVING IN WORLD WAR II WERE APPROPRIATED BY THE UNITED STATES GOVERNMENT AND TRANSFERRED TO THE PHILIPPINE GOVERNMENT FOR PAYMENT.

IN THIS CONNECTION AN AGREEMENT BY THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS" BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDED FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMED FORCES AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEARED ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF MARCH 1948.

IF YOU BELIEVE YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE MENTIONED FUNDS, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT.

YOUR REFERENCE TO A "FORMER MEMBER OF THE PHILIPPINE ARMY (P.S.) (AUS) OF THE UNITED STATES USAFFE" INDICATES A BELIEF ON YOUR PART THAT YOU WERE SERVING AS A MEMBER OF THE PHILIPPINE SCOUTS (A PART OF THE REGULAR ARMY OF THE UNITED STATES) AT THE TIME OF YOUR DISCHARGE IN 1945. IF SO, YOUR CLAIM, LIKE YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949, WHICH WAS THE SUBJECT OF OUR DECISION TO YOU OF APRIL 25, 1967, B-161254, IS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10 YEAR LIMITATION PERIOD THERE PRESCRIBED.