B-158342, FEB. 2, 1966

B-158342: Feb 2, 1966

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PAUL RUPP: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 1. FROM WHICH YOU WERE DISCHARGED ON NOVEMBER 29. THERE WAS NO LAW AUTHORIZING PAYMENT OF MUSTERING-OUT PAY TO YOU. AS YOU WERE ADVISED IN THE LETTER OF DECEMBER 29. THAT LAW PROVIDED THAT MEMBERS WHO PREVIOUSLY HAD BEEN DISCHARGED FROM THE SERVICE UNDER HONORABLE CONDITIONS AND WERE OTHERWISE QUALIFIED SHOULD BE PAID THE MUSTERING OUT PAY ONLY IF THEY FILED APPLICATION FOR SUCH PAYMENT WITHIN 2 YEARS AFTER THE DATE OF THE ACT. THEREFORE ENTITLEMENT TO MUSTERING-OUT PAY CANNOT BE ESTABLISHED IN THE CASE OF A FORMER MEMBER WHO WAS DISCHARGED BEFORE JULY 16. IF HIS APPLICATION FOR PAYMENT WAS NOT FILED BY JULY 16. ALTHOUGH YOU STATE THAT YOU KNOW NOTHING ABOUT THE LAWS EXCEPT THE ARTICLES OF WAR AND YOU INSIST THAT YOU HAVE $300 COMING TO YOU INCIDENT TO YOUR SERVICE IN THE AIR FORCE BEFORE NOVEMBER 30.

B-158342, FEB. 2, 1966

TO MR. PAUL RUPP:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 1, 1966, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR $300 MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE, FROM WHICH YOU WERE DISCHARGED ON NOVEMBER 29, 1951.

NO PAY OR ALLOWANCES OR OTHER CASH BENEFITS MAY BE PAID TO MEMBERS OR FORMER MEMBERS OF THE ARMED FORCES EXCEPT AS PROVIDED IN LAWS ENACTED BY CONGRESS.

AT THE TIME OF YOUR DISCHARGE, NOVEMBER 29, 1951, THERE WAS NO LAW AUTHORIZING PAYMENT OF MUSTERING-OUT PAY TO YOU. AS YOU WERE ADVISED IN THE LETTER OF DECEMBER 29, 1965, FROM THE DIRECTOR, CLAIMS DIVISION OF THIS OFFICE, CONGRESS PASSED A LAW IN 1952 AUTHORIZING PAYMENT OF MUSTERING-OUT PAY TO MEMBERS AND FORMER MEMBERS WHO HAD SERVED IN THE KOREAN CONFLICT. THAT LAW PROVIDED THAT MEMBERS WHO PREVIOUSLY HAD BEEN DISCHARGED FROM THE SERVICE UNDER HONORABLE CONDITIONS AND WERE OTHERWISE QUALIFIED SHOULD BE PAID THE MUSTERING OUT PAY ONLY IF THEY FILED APPLICATION FOR SUCH PAYMENT WITHIN 2 YEARS AFTER THE DATE OF THE ACT, JULY 16, 1952. CONGRESS LATER EXTENDED THE TIME FOR FILING APPLICATION TO JULY 16, 1959. THERE HAS BEEN NO FURTHER EXTENSION OF THE TIME FOR FILING APPLICATION. THEREFORE ENTITLEMENT TO MUSTERING-OUT PAY CANNOT BE ESTABLISHED IN THE CASE OF A FORMER MEMBER WHO WAS DISCHARGED BEFORE JULY 16, 1952, IF HIS APPLICATION FOR PAYMENT WAS NOT FILED BY JULY 16, 1959.

ALTHOUGH YOU STATE THAT YOU KNOW NOTHING ABOUT THE LAWS EXCEPT THE ARTICLES OF WAR AND YOU INSIST THAT YOU HAVE $300 COMING TO YOU INCIDENT TO YOUR SERVICE IN THE AIR FORCE BEFORE NOVEMBER 30, 1951, PAYMENT OF MUSTERING-OUT PAY IS PERMITTED ONLY AS AUTHORIZED BY CONGRESS. SINCE YOUR CLAIM WAS FIRST FILED BY LETTER DATED AUGUST 5, 1965, MORE THAN 6 YEARS AFTER JULY 16, 1959, THE LATEST PERMISSIBLE DATE FOR FILING, THERE IS NO AUTHORITY OF LAW FOR PAYMENT TO YOU. THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.