B-158253, JAN. 17, 1966

B-158253: Jan 17, 1966

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RODOLFO ITOGOT: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30. $300 TO WHICH YOU BELIEVE YOU ARE ENTITLED INCIDENT TO YOUR DISCHARGE ON APRIL 19. "WAS A COMPONENT. PAYMENTS WERE ALWAYS INDICATED IN DOLLARS.'. YOUR CLAIM FOR PAYMENT OF THE MUSTERING-OUT PAY IN DOLLARS RATHER THAN IN PHILIPPINE PESOS IS PRESENTED AS BEING BASED ON TITLE II OF THE ACT OF MAY 27. THE PORTIONS OF THAT TITLE WHICH RELATE TO MUSTERING-OUT PAY ARE AS FOLLOWS: "FINANCE SERVICE. OR BENEFITS UPON PERSONS DURING THE TIME THEY ARE ON ACTIVE DUTY AND THOSE LISTED BELOW SHALL. IN VIEW OF THE LAST PROVISO QUOTED ABOVE THERE IS NO AUTHORITY FOR USING ANY MONETARY UNIT OTHER THAN THE PHILIPPINE PESO IN COMPUTING THE AMOUNT OF MUSTERING-OUT PAY TO WHICH YOU BECAME ENTITLED.

B-158253, JAN. 17, 1966

TO MR. RODOLFO ITOGOT:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30, 1965, REQUESTING REVIEW OF THE ACTION TAKEN IN LETTER OF SEPTEMBER 21, 1965, FROM THE CLAIMS DIVISION OF OUR OFFICE ON YOUR CLAIM FOR ADDITIONAL MUSTERING OUT PAY REPRESENTING THE DIFFERENCE BETWEEN $150, WHICH YOU RECEIVED INCIDENT TO SERVICE AS A PHILIPPINE SCOUT, AND $300 TO WHICH YOU BELIEVE YOU ARE ENTITLED INCIDENT TO YOUR DISCHARGE ON APRIL 19, 1949. YOU STATE THAT THE PHILIPPINE SCOUTS, IN WHICH YOU SERVED,"WAS A COMPONENT, AND PAYMENTS WERE ALWAYS INDICATED IN DOLLARS.'

YOUR CLAIM FOR PAYMENT OF THE MUSTERING-OUT PAY IN DOLLARS RATHER THAN IN PHILIPPINE PESOS IS PRESENTED AS BEING BASED ON TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223. THE PORTIONS OF THAT TITLE WHICH RELATE TO MUSTERING-OUT PAY ARE AS FOLLOWS:

"FINANCE SERVICE, ARMY, 1942-1946 * * * PROVIDED, THAT OF THE PROVISIONS OF LAW OF THE UNITED STATES CONFERRING RIGHTS, PRIVILEGES, OR BENEFITS UPON ANY PERSON BY REASON OF THE SERVICE OF SUCH PERSON OR THE SERVICE OF ANY OTHER PERSON IN THE ARMED FORCES OF THE UNITED STATES OR ANY COMPONENT THEREOF, ONLY THOSE CONFERRING RIGHTS, PRIVILEGES, OR BENEFITS UPON PERSONS DURING THE TIME THEY ARE ON ACTIVE DUTY AND THOSE LISTED BELOW SHALL, AFTER THE DATE OF ENACTMENT OF THIS ACT, BE DEEMED TO APPLY TO PERSONS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT APPROVED OCTOBER 6, 1945 (PUBLIC LAW 190, SEVENTY- NINTH CONGRESS):

(5) THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944 (PUBLIC LAW 225, SEVENTY-EIGHTH CONGRESS), EXCEPT THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHALL BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES;

PROVIDED FURTHER, THAT PAYMENTS MADE UNDER THE PROVISIONS OF ANY LAW REFERRED TO IN CLAUSES (5) AND (6) ABOVE SHALL BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY SUCH LAW * * *.'

IN VIEW OF THE LAST PROVISO QUOTED ABOVE THERE IS NO AUTHORITY FOR USING ANY MONETARY UNIT OTHER THAN THE PHILIPPINE PESO IN COMPUTING THE AMOUNT OF MUSTERING-OUT PAY TO WHICH YOU BECAME ENTITLED, AND WHICH YOU WERE PAID, UPON YOUR DISCHARGE.