B-150011, DEC. 20, 1966

B-150011, DEC. 20, 1966

TO MR. JULIO R. OQUIALDE:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 20, 1966, REQUESTING RECONSIDERATION OF THE ACTION TAKEN BY OUR CLAIMS DIVISION WHICH RETURNED YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT BECAUSE SUCH CLAIM WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

YOU SAY THAT YOU SERVED AS A PHILIPPINE SCOUT FROM MAY 31, 1946, TO MARCH 7, 1949. YOUR LETTER DATED JULY 10, 1962, IN WHICH YOU INDICATED THAT YOU RECEIVED $100 AS MUSTERING-OUT PAY AT THE TIME OF DISCHARGE AND CLAIMED AN ADDITIONAL $200, WAS RETURNED TO YOU BY LETTER OF SEPTEMBER 6, 1962, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES THAT CLAIMS SUCH AS YOURS ARE BARRED IF NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED.

SUBSEQUENTLY, BY OFFICE LETTER DATED JANUARY 8, 1963, IN REPLY TO YOUR LETTER OF DECEMBER 3, 1962, CLAIMING ADDITIONAL MUSTERING-OUT PAY OF $150, YOU WERE ADVISED THAT SINCE YOU WERE DISCHARGED ON MARCH 7, 1949, YOU WERE NOT ENTITLED TO THE MUSTERING-OUT PAY CLAIMED UNDER TITLE V OF THE ACT OF JULY 16, 1952, 66 STAT. 688, AS AMENDED, SINCE THAT ACT PROVIDED FOR PAYMENT ONLY TO MEMBERS WHO WERE ON ACTIVE SERVICE ON OR AFTER JUNE 28, 1950. IN RESPONSE TO YOUR LETTER OF MARCH 23, 1966, PERTAINING TO YOUR CLAIM, THE REPLY DATED JUNE 24, 1966, REFERRED YOU TO OUR LETTER OF JANUARY 8, 1963, WHICH EXPLAINED IN DETAIL WHY OUR OFFICE WAS LEGALLY PROHIBITED FROM CONSIDERING YOUR CLAIM.

BY LETTER DATED MAY 17, 1966, YOU CLAIMED ENTITLEMENT TO $3,600 AS MUSTERING-OUT PAY BELIEVED DUE YOU AND IN YOUR PRESENT LETTER YOU STATE YOU RECEIVED A CHECK IN AUGUST 1957, IN THE AMOUNT OF 100 PESOS, 13 CENTAVOS, AS AN ADDITIONAL MUSTERING-OUT PAYMENT APPROVED AUGUST 9, 1957, IN THE AMOUNT OF $50 BY THE FINANCE CENTER, U.S ARMY, INDIANAPOLIS, INDIANA. YOU ASK WHY THE ADDITIONAL PAYMENT OF $3,600 AS MUSTERING-OUT PAY WAS NOT SENT TO YOU AT THAT TIME.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, 37 U.S.C. 71A, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, BARS CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1957, DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. SEE 32 COMP. GEN. 267, COPY ENCLOSED.

HOWEVER, EVEN IF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS NOT BARRED, YOU APPARENTLY WOULD NOT BE ENTITLED TO ANY ADDITIONAL AMOUNT. FIND NO STATUTORY PROVISION FOR THE PAYMENT OF $3,600 AS MUSTERING-OUT PAY TO MEMBERS OF THE MILITARY SERVICE, INCLUDING PHILIPPINE SCOUTS. THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, WHICH WAS MADE APPLICABLE TO PHILIPPINE SCOUTS UNDER THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224, AUTHORIZED $100 MUSTERING-OUT PAYMENT TO MEMBERS WHO PERFORMED ACTIVE SERVICE FOR LESS THAN 69 DAYS; $200 FOR MEMBERS WHO SERVED MORE THAN 60 DAYS WITHIN THE UNITED STATES, AND $300 FOR PERSONS WHO SERVED MORE THAN 60 DAYS, AND WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.

TITLE II OF THE ACT OF MAY 27, 1946, REFERRED TO ABOVE, PROVIDED IN PERTINENT PART (1) THAT FOR THE PURPOSE OF COMPUTING MUSTERING-OUT PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES AND (2) THAT MUSTERING-OUT PAYMENTS MADE ON ACCOUNT OF SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT.

UNDER THE ABOVE PROVISIONS, A PHILIPPINE SCOUT WHO SERVED MORE THAN 60 DAYS AND WHO PERFORMED SERVICE OUTSIDE THE PHILIPPINE ISLANDS WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF $150 (THE EQUIVALENT OF 300 PHILIPPINE PESOS). SINCE IT APPEARS FROM YOUR STATEMENTS THAT YOU WERE PAID 200 PESOS (THE EQUIVALENT OF $100) AT DISCHARGE AND WERE PAID AN ADDITIONAL 100 PESOS (THE EQUIVALENT OF $50, IN AUGUST 1957) YOU APPARENTLY RECEIVED THE MAXIMUM OF 300 PESOS AUTHORIZED TO BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT.