B-128860, NOV. 25, 1969

B-128860, NOV. 25, 1969

TO MR. CIRIACO E. SANCHEZ:

REFERENCE IS MADE TO YOUR LETTER OF JULY 4, 1969, RECEIVED HERE ON SEPTEMBER 4, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS DURING WORLD WAR II.

YOUR CLAIM FOR MUSTERING-OUT PAY, FIRST RECEIVED IN THIS OFFICE ON JANUARY 3, 1956, WAS THE SUBJECT OF OUR DECISION OF OCTOBER 3, 1956, B 128860, TO YOU. IN THAT DECISION YOU WERE ADVISED, AMONG OTHER THINGS, THAT THE CLAIM WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON FEBRUARY 13, 1956, BECAUSE IT WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES THAT A CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. IN THIS CONNECTION, THE RECORD SHOWS THAT YOUR CLAIM ACCRUED ON JULY 21, 1945, THE DATE YOU LAST SERVED ON ACTIVE DUTY PRIOR TO BEING DROPPED FROM THE ROLLS OF THE PHILIPPINE SCOUTS. THE RECORD FURTHER SHOWS THAT YOU WERE DISCHARGED ON FEBRUARY 24, 1953.

YOU WERE FURTHER ADVISED IN OUR DECISION OF OCTOBER 3, 1956, THAT, NOTWITHSTANDING THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, THERE WAS NO BASIS FOR ALLOWANCE OF YOUR CLAIM FOR MUSTERING-OUT PAY SINCE NO AUTHORIZATION EXISTED FOR THE PAYMENT OF MUSTERING-OUT PAY TO PHILIPPINE SCOUTS WHO ENLISTED PRIOR TO OCTOBER 6, 1945. IN OUR DECISION OF DECEMBER 13, 1968, IN RESPONSE TO YOUR LETTER OF JULY 10, 1968, WE QUOTED THE PERTINENT EXCERPTS FROM OUR DECISION OF OCTOBER 3, 1956, AND FURTHER EXPLAINED WHY YOU WERE NOT ELIGIBLE TO RECEIVE MUSTERING-OUT PAY.

YOU NOW CONTEND THAT UNDER PARAGRAPHS 311-322 OF T.M. 502 (WAR DEPARTMENT TECHNICAL MANUAL 14-502, AUGUST 1946) MEMBERS OF THE PHILIPPINE SCOUTS WHO WERE HONORABLY DISCHARGED FROM THE SERVICE ARE ENTITLED TO MUSTERING-OUT PAY. AS FURTHER AUTHORITY FOR SUCH ENTITLEMENT, YOU CITE ,ACT NO. 263, OF THE 88TH CONGRESS DATED 9 JANUARY 1963 APPROVED ON SEPTEMBER 30, 1965.'

WE FIND NOTHING IN THE ABOVE-MENTIONED PARAGRAPHS SERVING AS AUTHORITY FOR PAYMENT OF THE MUSTERING-OUT PAYMENT TO YOU. PARAGRAPH 314 OF THE MANUAL AS IT RELATES TO PHILIPPINE SCOUTS SPECIFIES THAT EFFECTIVE MAY 27, 1946, MEMBERS OF THAT ORGANIZATION ENLISTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, ARE ENTITLED TO MUSTERING-OUT PAYMENTS, EXCEPT THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINES WILL BE COMPENSATED ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES. IT FURTHER SPECIFIES THAT MUSTERING-OUT PAYMENTS UNDER THAT LAW WILL BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE MUSTERING- OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.).

SINCE YOU ENLISTED IN THE PHILIPPINE SCOUTS ON DECEMBER 9, 1941, A DATE PRIOR TO THE ENACTMENT OF THE 1945 LAW MENTIONED ABOVE, AND SINCE MUSTERING-OUT PAY WAS AUTHORIZED ONLY TO MEMBERS OF THAT ORGANIZATION WHO ENLISTED UNDER THE AUTHORITY OF THE 1945 LAW, THAT LAW AFFORDS NO LEGAL BASIS FOR PAYMENT OF THE MUSTERING-OUT PAY TO YOU, EVEN IF YOUR CLAIM THEREFOR HAD BEEN TIMELY FILED IN THIS OFFICE.

WE ARE UNABLE TO IDENTIFY "ACT NO. 263" WHICH YOU HAVE CITED. PUBLIC LAW 88-263 WAS ENACTED ON JANUARY 31, 1964, AND DOES NOT RELATE TO MUSTERING- OUT PAY. ALSO, NO LAW WAS ENACTED ON JANUARY 9, 1963, AND THE THREE SEPARATE LAWS WHICH WERE ENACTED ON SEPTEMBER 30, 1965, DEAL WITH SUBJECTS OTHER THAN MUSTERING-OUT PAY.

IN VIEW OF THE ABOVE, THERE IS NO FURTHER ACTION WHICH WE MAY TAKE ON YOUR CLAIM.