B-170871, FEB 10, 1971

B-170871, FEB 10, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY ON BASIS THAT CLAIMANT WAS NOT A MEMBER OF ONE OF THE ORGANIZATIONS LISTED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, BUT RATHER WAS A MEMBER OF THE PHILIPPINE ARMY. WHILE NO RIGHT TO MUSTERING-OUT PAY ACCRUED TO CLAIMANT UNDER THE ACT OF 1944 AND THERE IS NO OTHER PROVISION OF LAW WHICH ENTITLES MEMBERS OF THE PHILIPPINE ARMY SERVING WITH THE USAFFE TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE U.S. GOVERNMENT AN AGREEMENT BETWEEN THE U.S. AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS" BECAME EFFECTIVE JUNE 29, 1967 AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID. THE CLAIM, THEREFORE, SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT FOR CONSIDERATION.

TO MR. PEDRO D. CARONAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE PERFORMED DURING WORLD WAR II. THERE ALSO HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 30, 1970, RELATING TO THIS SAME MATTER.

YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 19, 1969, AND OCTOBER 6, 1969. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.), 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 *** ."

A LETTER TO YOU DATED NOVEMBER 9, 1970, FROM CHIEF, ORGANIZATION & PHILIPPINE RECORDS BRANCH, REFERENCE SERVICES DIVISION, U.S. ARMY ADMINISTRATION CENTER, ST. LOUIS, MISSOURI, INDICATES THAT THE SERVICE YOU PERFORMED WAS NOT AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY. SINCE YOU WERE NOT A "MEMBER OF THE ARMED FORCES" WITHIN THE MEANING OF THAT TERM AS USED IN THE ABOVE-QUOTED STATUTORY PROVISIONS, NO RIGHT TO MUSTERING OUT PAY ACCRUED TO YOU UNDER THE 1944 ACT. WE ARE NOT AWARE OF ANY OTHER PROVISIONS OF 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. THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.