B-159789, AUG. 23, 1966

B-159789, AUG. 23, 1966

TO MRS. EUGENIA C. VDA DE LAURENTE:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 16, 1966, IN REPLY TO LETTER OF OUR CLAIMS DIVISION DATED FEBRUARY 18, 1966, WHICH ADVISED YOU THAT THIS OFFICE MAY NOT CONSIDER YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOUR LATE SON, FRANCISCO LAURENTE, INCIDENT TO HIS SERVICE IN THE UNITED STATES ARMY AS A PHILIPPINE SCOUT.

YOUR CLAIM FOR THE MUSTERING-OUT PAY WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE NOVEMBER 1, 1965, AND WAS RETURNED TO YOU BY LETTER DATED NOVEMBER 16, 1965, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. YOU WERE ADVISED IN THE LETTER THAT THE ACT BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED AND, SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER IT FIRST ACCRUED, IT WAS BARRED AND WE WERE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION THEREON.

BY LETTER DATED JANUARY 15, 1966, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM, STATING THAT UNDER THE PROVISIONS OF CHAPTER 43, SECTIONS 2101 THROUGH 2102, TITLE 38, U.S.C. YOU BELIEVED THAT MUSTERING-OUT PAY WAS DUE AND PAYABLE TO FORMER SERVICEMEN WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. IN REPLY THERETO, OUR CLAIMS DIVISION AGAIN ADVISED YOU BY LETTER DATED FEBRUARY 18, 1966, THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON NOVEMBER 1, 1965, AND OUR RECORDS FAIL TO SHOW THE RECEIPT HERE OF A PREVIOUS CLAIM FOR THE SAME ITEM, CONSIDERATION OF YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. YOU WERE ADVISED FURTHER THAT OUR OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940, AND THEREFORE, WE MAY MAKE NO EXCEPTIONS TO ITS PROVISIONS IN YOUR CASE.

IN YOUR LETTER DATED APRIL 16, 1966, YOU STATE THAT PAYMENT OF THE THIRD INSTALLMENT OF YOUR SON'S MUSTERING-OUT PAY UNDER THE ACT OF FEBRUARY 3, 1944, WAS MADE ON SEPTEMBER 12, 1958, AND THAT THERE SHOULD HAVE BEEN GRANTED THE MAXIMUM MUSTERING-OUT PAY IN THE AMOUNT OF $300, SINCE HE SERVED MORE THAN 60 DAYS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. YOU AGAIN REFER TO THE PROVISIONS OF SECTIONS 2101 THROUGH 2102 OF TITLE 38, U.S.C. AS A FURTHER BASIS OF ENTITLEMENT, AND YOU STATE THAT YOU HAD APPLIED FOR PARTIAL MUSTERING-OUT PAYMENT ON OR AFTER 1958.

THE PROVISIONS OF SECTIONS 2101 THROUGH 2102 OF TITLE 38, UNITED STATES CODE, PROVIDE ENTITLEMENT TO MUSTERING-OUT PAY TO MEMBERS OF THE ARMED FORCES WHO SERVED ON ACTIVE DUTY ON OR AFTER JUNE 27, 1950, AND SO DO NOT PERTAIN TO YOUR SON SINCE OUR RECORDS SHOW THAT HE WAS DISCHARGED ON MAY 17, 1949, AND THAT HE DIED ON SEPTEMBER 19, 1950. INASMUCH AS HIS CLAIM FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 3, 1944, AS AMENDED, 38 U.S.C. 691 (1946 EDITION) ACCRUED ON MAY 17, 1949, THE 10- YEAR PERIOD IN HIS CASE EXPIRED ON MAY 17, 1959. WHILE YOU INDICATE THAT YOU APPLIED TO THE DEPARTMENT OF THE ARMY IN 1958 FOR PARTIAL MUSTERING- OUT PAYMENT, THERE IS NO RECORD OF ANY CLAIM FOR MUSTERING-OUT PAY BY HIM OR BY YOU HAVING BEEN RECEIVED IN THE GENERAL ACCOUNTING OFFICE PRIOR TO MAY 17, 1959. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY OR ANY OTHER ADMINISTRATIVE OFFICE IS NOT SUFFICIENT COMPLIANCE WITH THE ACT, WHICH REQUIRES THAT CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE.

IN VIEW OF THE PLAIN PROVISIONS OF THE 1940 ACT AND OF THE INFORMATION FURNISHED IN THIS LETTER, WE TRUST THAT YOU WILL UNDERSTAND THAT THERE IS NO FURTHER ACTION WHICH WE MAY TAKE IN THE MATTER.