B-171118, MAY 18, 1971

B-171118, MAY 18, 1971

MUSTERING OUT PAY DENYING CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS BECAUSE IT WAS NOT RECEIVED BY GAO WITHIN THE 10- YEAR LIMITATION PERIOD PRESCRIBED IN 31 U.S.C. 71A.

TO MR. CEFERINO V. VILLADOLID:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 20, 1971, ACKNOWLEDGING RECEIPT OF OUR LETTER, B-171118, DATED FEBRUARY 10, 1971, RELATIVE TO YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON JANUARY 8, 1946.

THE MATTER HAS BEEN THE SUBJECT OF NUMEROUS LETTERS FROM OUR OFFICE WHICH ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BECAUSE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. THEY STATED FURTHER THAT SINCE YOU SAID YOU RECEIVED $300 MUSTERING-OUT PAY UPON DISCHARGE, YOU HAD BEEN PAID THE MAXIMUM AUTHORIZED BY LAW AND WE HAD FOUND NO STATUTORY AUTHORITY FOR THE PAYMENT OF THE ADDITIONAL AMOUNT YOU WERE CLAIMING. THERE IS NO FEDERAL LAW PROVIDING $3,600 AS MUSTERING- OUT PAY TO ANY MEMBER OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS.

ANY FURTHER CORRESPONDENCE FROM YOU RELATIVE TO THE MATTER WILL BE FILED WITHOUT FURTHER REPLY.