B-165019, AUG. 27, 1968
Highlights
MARZAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 15. SINCE A SIMILAR CLAIM FOR MUSTERING-OUT PAY WAS PREVIOUSLY DISALLOWED BY OUR CLAIMS DIVISION. WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION. YOU STATED THAT AT THE TIME OF YOUR DISCHARGE YOU WERE PAID MUSTERING-OUT PAY IN THE AMOUNT OF $100 BUT THAT THERE IS STILL DUE YOU $50 BECAUSE OF YOUR OVERSEAS DUTY IN OKINAWA. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 7. SINCE SUCH CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER IT FIRST ACCRUED. THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ABOVE QUOTED ACT OF OCTOBER 9. BECAUSE THERE WAS NO RECORD OF THE RECEIPT OF THAT CLAIM IN OUR OFFICE PRIOR TO OCTOBER 7.
B-165019, AUG. 27, 1968
TO MR. SIXTO A. MARZAN:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1968, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY AS A PHILIPPINE SCOUT ON APRIL 14, 1947. SINCE A SIMILAR CLAIM FOR MUSTERING-OUT PAY WAS PREVIOUSLY DISALLOWED BY OUR CLAIMS DIVISION, YOUR LETTER OF JULY 15, 1968, WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION.
IN YOUR ORIGINAL CLAIM DATED SEPTEMBER 2, 1957, YOU STATED THAT AT THE TIME OF YOUR DISCHARGE YOU WERE PAID MUSTERING-OUT PAY IN THE AMOUNT OF $100 BUT THAT THERE IS STILL DUE YOU $50 BECAUSE OF YOUR OVERSEAS DUTY IN OKINAWA.
YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 7, 1957. SINCE SUCH CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER IT FIRST ACCRUED, OUR CLAIMS DIVISION, PURSUANT TO LAW, RETURNED THE CLAIM TO YOU TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES IN PERTINENT PART THAT:
"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'
IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).
IN RESPONSE TO YOUR REQUEST FOR RECONSIDERATION OF THE MATTER, OUR CLAIMS DIVISION AGAIN ADVISED YOU IN LETTER DATED MARCH 17, 1958, THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ABOVE QUOTED ACT OF OCTOBER 9, 1940, BECAUSE THERE WAS NO RECORD OF THE RECEIPT OF THAT CLAIM IN OUR OFFICE PRIOR TO OCTOBER 7, 1957. YOU WERE FURTHER ADVISED THAT THE FACT THAT YOU WERE NOT FULLY INFORMED OF YOUR RIGHT TO MUSTERING-OUT PAY UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED, 38 U.S.C. 691A-691G (1946 ED.), OR THAT YOU WERE NOT AWARE OF THE BARRING PROVISIONS OF THE ACT OF OCTOBER 9, 1940, AFFORDED NO LEGAL BASIS FOR OUR CONSIDERATION OF YOUR CLAIM.
SINCE YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON APRIL 14, 1947, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE APRIL 14, 1957, IN ORDER TO AVOID THE 10-YEAR BARRING PROVISIONS OF THE 1940 ACT. YOUR CLAIM FOR MUSTERING-OUT PAY WAS NOT RECEIVED HERE UNTIL OCTOBER 7, 1957, MORE THAN 10 YEARS AFTER YOUR DISCHARGE.
ACCORDINGLY, SINCE WE ARE PRECLUDED BY LAW FROM CONSIDERING YOUR CLAIM, THE ACTION PREVIOUSLY TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.