B-158942, APR. 22, 1966

B-158942: Apr 22, 1966

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JARA: REFERENCE IS MADE TO YOUR RECENT LETTER ADDRESSED TO OUR OFFICE WHICH WAS RECEIVED MARCH 28. BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS NOT RECEIVED WITHIN THE TEN YEARS AFTER THE DATE IT ACCRUED. YOU NOW CONTEND THAT A FORMAL APPLICATION FOR MUSTERING-OUT PAY WAS SUBMITTED TO THIS OFFICE AS EARLY AS 1958. WHICH WAS WITHIN THE TEN YEAR PERIOD AND YOU RECITE. YOUR FIRST CLAIM WITH RESPECT TO MUSTERING-OUT PAY WAS RECEIVED IN 1963. IT IS POSSIBLE THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER AGENCY OF THE FEDERAL GOVERNMENT. IT IS NECESSARY FOR THIS OFFICE TO RECEIVE THE CLAIM BEFORE THE TEN YEAR PERIOD HAS ELAPSED FOR SUCH CLAIMS TO BE RECOGNIZED. CONSIDERATION OF YOUR CLAIM IS NOT AUTHORIZED.

B-158942, APR. 22, 1966

TO MR. MAXIMINO G. JARA:

REFERENCE IS MADE TO YOUR RECENT LETTER ADDRESSED TO OUR OFFICE WHICH WAS RECEIVED MARCH 28, 1966, IN WHICH YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BASED ON YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 7, 1949.

IN OUR LETTER OF NOVEMBER 8, 1965, TO YOU, WE EXPLAINED THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM BECAUSE IT WAS NOT RECEIVED WITHIN THE TEN YEARS AFTER THE DATE IT ACCRUED. THAT ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES * * * 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 * * * WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU NOW CONTEND THAT A FORMAL APPLICATION FOR MUSTERING-OUT PAY WAS SUBMITTED TO THIS OFFICE AS EARLY AS 1958, WHICH WAS WITHIN THE TEN YEAR PERIOD AND YOU RECITE, IN PART, SECTION 2102/A) (1) OF TITLE 38, U.S. CODE, AS BEING APPLICABLE AS TO THE AMOUNT OF MONEY YOU SHOULD RECEIVE.

THIS OFFICE HAS NO RECORD OF HAVING RECEIVED ANY CLAIM FROM YOU PRIOR TO AUGUST 24, 1959, AND YOUR FIRST CLAIM WITH RESPECT TO MUSTERING-OUT PAY WAS RECEIVED IN 1963. IT IS POSSIBLE THAT YOU MAY HAVE FILED A CLAIM WITH SOME OTHER AGENCY OF THE FEDERAL GOVERNMENT, HOWEVER, THAT DOES NOT AFFECT OPERATION OF THE ACT OF OCTOBER 9, 1940. IT IS NECESSARY FOR THIS OFFICE TO RECEIVE THE CLAIM BEFORE THE TEN YEAR PERIOD HAS ELAPSED FOR SUCH CLAIMS TO BE RECOGNIZED. ACCORDINGLY, CONSIDERATION OF YOUR CLAIM IS NOT AUTHORIZED.

SECTION 2102/A//1) OF TITLE 38, MENTIONED IN YOUR LETTER, REFERS TO THE AMOUNT AUTHORIZED FOR SERVICE DURING THE KOREAN CONFLICT (SEE 38 U.S.C. 2101) AND DOES NOT APPLY TO A PERSON IN YOUR PARTICULAR SITUATION.