B-162815, MAR. 14, 1968

B-162815, MAR. 14, 1968

ARMED SERVICES - MUSTERING-OUT PAY - PHILIPPINE SCOUT DECISION TO FORMER MEMBER OF PHILIPPINE SCOUTS DENYING CLAIM FOR MUSTERING-OUT PAY ON BASIS OF BARRED ACT. DECISION OF JAN. 18, 1968, REAFFIRMED.

TO MR. IGNACIO A. PARINGIT:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 8 AND 13, 1968, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR SERVICES AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS AND REQUESTING RECONSIDERATION OF THAT CLAIM.

IN DECISION OF JANUARY 18, 1968, B-162815, WE ADVISED YOU THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, SPECIFICALLY PRECLUDES THIS OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS RECEIVED HERE ON SEPTEMBER 19, 1966, OR MORE THAN 10 YEARS AFTER SEPTEMBER 21, 1949, THE DATE YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS (DATE OF ACCRUAL OF YOUR CLAIM). IT WAS EXPLAINED TO YOU THAT THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF THE 1940 LAW AFFORDS NO LEGAL BASIS FOROUR CONSIDERATION OF A BARRED CLAIM.

YOU INDICATE IN YOUR LETTER OF FEBRUARY 8, 1968, THAT NONE OF THE PHILIPPINE SCOUTS IN YOUR HOME TOWN RECEIVED ANY MUSTERING-OUT PAY BECAUSE THEY NEVER KNEW OR HEARD ABOUT THIS KIND OF PRIVILEGE BEING EXTENDED TO FORMER MEMBERS OF THE PHILIPPINE SCOUTS AND URGE THAT YOUR CLAIM BE RECONSIDERED.

UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), WHICH BY VIRTUE OF TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, WERE MADE APPLICABLE TO PERSONS WHO ENLISTED IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 5. STAT. 543, MUSTERING-OUT PAY WAS AUTHORIZED FOR ALL ELIGIBLE MEMBERS OF THE PHILIPPINE SCOUTS UPON THEIR DISCHARGE. IF FOR ANY REASON A MEMBER OF THE PHILIPPINE SCOUTS DID NOT RECEIVE A MUSTERING-OUT PAYMENT ALTHOUGH ELIGIBLE THEREFOR, OR IF THE AMOUNT RECEIVED WAS LESS THAN THAT TO WHICH HE WAS ENTITLED UNDER THE LAW, HIS CLAIM THEREFOR WOULD BE CONSIDERED ON ITS MERITS PROVIDED THAT IT WAS PRESENTED WITHIN THE TIME LIMITATION PRESCRIBED BY LAW.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, PROHIBITS CONSIDERATION OF ANY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNLESS IT SHALL BE RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MORE THAN 10 YEARS AFTER IT FIRST ACCRUED AND, WHILE APPRECIATING YOUR FEELINGS, WE HAVE NO ALTERNATIVE UNDER THE LAW BUT TO AGAIN ADVISE YOU THAT WE ARE PRECLUDED BY THE PROVISIONS OF THE 1940 ACT FROM TAKING ANY FURTHER ACTION ON YOUR CLAIM.