B-160057, DEC. 15, 1966

B-160057: Dec 15, 1966

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DELFIN SABIAN: REFERENCE IS MADE TO YOUR LETTER OF MAY 29. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED APRIL 6. YOU NOW CONTEND THAT SINCE THE SETTLEMENT OPERATIONS OF THE UNITED STATES ARMY FINANCE CENTER HAS CONCEDED THAT YOU HAVE BEEN PAID $150. AN ADDITIONAL SUM OF $150 IS DUE YOU. THAT YOU WERE HONORABLY DISCHARGED FROM THE SERVICE ON MARCH 30. ARE APPLICABLE ONLY TO THOSE PERSONS WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN CONFLICT. INASMUCH AS YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS IN 1949. WHICH WAS BEFORE THE ONSET OF THE KOREAN CONFLICT. ANY MUSTERING-OUT PAY TO WHICH YOU MIGHT BE ENTITLED WOULD HAVE ACCRUED BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944.

B-160057, DEC. 15, 1966

TO MR. DELFIN SABIAN:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1966, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, WHEREIN YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949. THIS MATTER WAS THE SUBJECT OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED APRIL 6, 1966,WHICH DENIED YOUR CLAIM BASED ON THE BARRING ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A.

YOU NOW CONTEND THAT SINCE THE SETTLEMENT OPERATIONS OF THE UNITED STATES ARMY FINANCE CENTER HAS CONCEDED THAT YOU HAVE BEEN PAID $150, AND THE PROVISIONS OF CHAPTER 43, SECTION 2101 AND SECTION 2102, OF TITLE 38, U.S. CODE, PROVIDE FOR THE PAYMENT OF $300 MUSTERING-OUT PAY, AN ADDITIONAL SUM OF $150 IS DUE YOU.

THE RECORD SHOWS THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS ON AUGUST 30, 1946, UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 538, 543, AND THAT YOU WERE HONORABLY DISCHARGED FROM THE SERVICE ON MARCH 30, 1949, HAVING SERVED A TOUR OF DUTY AS A MEMBER OF THE ALLIED OCCUPATION FORCE ON OKINAWA FROM NOVEMBER 21, 1948, TO MARCH 20, 1949.

THE PROVISIONS OF CHAPTER 43, OF TITLE 38, U.S. CODE, TO WHICH YOUR REFER, ARE APPLICABLE ONLY TO THOSE PERSONS WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN CONFLICT. INASMUCH AS YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS IN 1949, WHICH WAS BEFORE THE ONSET OF THE KOREAN CONFLICT, SUCH PROVISIONS OF LAW DO NOT APPLY TO YOUR SITUATION. ANY MUSTERING-OUT PAY TO WHICH YOU MIGHT BE ENTITLED WOULD HAVE ACCRUED BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, CH. 9, 58 STAT. 8, 38 U.S.C. 691, ET SEQ. (1946 ED.). IT WAS PROVIDED IN TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, THAT THE BENEFITS PROVIDED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, SHOULD BE DEEMED APPLICABLE TO PERSONS LIKE YOURSELF WHO ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE ACT OF OCTOBER 6, 1945, BUT THAT MUSTERING-OUT PAYMENTS SO MADE UNDER THE 1944 ACT SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT. SINCE YOU SERVED OUTSIDE OF THE PHILIPPINE ISLANDS, YOUR ENTITLEMENT WAS BASED ON SECTION 2 (A) (1) OF THE 1944 ACT WHICH AUTHORIZED THE PAYMENT OF ,$300 FOR PERSONS WHO, HAVING PERFORMED ACTIVE SERVICE FOR SIXTY DAYS OR MORE, HAVE SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.'

UNDER THESE STATUTORY PROVISIONS, A MEMBER OF THE PHILIPPINE SCOUTS WHO PERFORMED ACTIVE SERVICE FOR 60 DAYS OR MORE, AND WHO SERVED OUTSIDE THE PHILIPPINE ISLANDS, WAS ENTITLED TO MUSTERING-OUT PAYMENT AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. IN OTHER WORDS, UNDER THE LAW YOU WERE ENTITLED TO RECEIVE 300 PESOS WHEN YOU WERE DISCHARGED.

IT APPEARS THAT THE RATE OF EXCHANGE ON THE CONVERSION FROM DOLLARS TO PESOS AT THAT TIME WAS TWO PESOS FOR EACH DOLLAR. SINCE YOU WERE ENTITLED TO 300 PESOS, YOU WERE TO RECEIVE THAT AMOUNT, OR ITS EQUIVALENT IN DOLLARS ($150). THE RECORD SHOWS THAT YOU RECEIVED $50 (THE EQUIVALENT OF 100 PHILIPPINE PESOS) AT DISCHARGE; $50 MORE APPROXIMATELY 30 DAYS AFTER YOUR DISCHARGE AND A FINAL PAYMENT IN OCTOBER 1957, WHICH TOTALED 300 PHILIPPINE PESOS, AS MUSTERING-OUT PAY.

ACCORDINGLY, SINCE THE RECORD SHOWS PAYMENTS TO YOU OF THE FULL AMOUNT DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.