B-160658, JAN. 31, 1967

B-160658: Jan 31, 1967

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JUAN TRABAJAL: REFERENCE IS MADE TO YOUR LETTER OF MAY 31. YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE OCTOBER 18. WAS RETURNED TO YOU BY LETTER NOVEMBER 2. 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. YOU WERE FURTHER ADVISED THAT THE FILING OF A CLAIM WITH ANY OTHER AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE ACT. YOU STATED FURTHER THAT YOU WERE DUE A TOTAL OF $300 MUSTERING-OUT PAY AS SET OUT IN SECTIONS 2101 THROUGH 2102 (1) OF TITLE 38.

B-160658, JAN. 31, 1967

TO MR. JUAN TRABAJAL:

REFERENCE IS MADE TO YOUR LETTER OF MAY 31, 1966, RECEIVED IN OUR OFFICE DECEMBER 30, 1966, FROM THE FINANCE CENTER, U.S. ARMY, CONCERNING YOUR CLAIMS FOR ADDITIONAL MUSTERING-OUT PAY, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT.

YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE OCTOBER 18, 1965, AND WAS RETURNED TO YOU BY LETTER NOVEMBER 2, 1965, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. 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. YOU WERE FURTHER ADVISED THAT THE FILING OF A CLAIM WITH ANY OTHER AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE ACT.

BY LETTER DATED FEBRUARY 14, 1966, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM, STATING THAT YOU RECEIVED $50 MUSTERING OUT PAY AT DISCHARGE; AN ADDITIONAL $50 JUST AFTER DISCHARGE AND A FURTHER $50 PAYMENT ON OR ABOUT APRIL 1958. YOU STATED FURTHER THAT YOU WERE DUE A TOTAL OF $300 MUSTERING-OUT PAY AS SET OUT IN SECTIONS 2101 THROUGH 2102 (1) OF TITLE 38, UNITES STATES CODE.

BY LETTER DATED MARCH 31, 1966, OUR CLAIMS DIVISION ADVISED YOU AGAIN THAT THE ACT OF OCTOBER 8, 1941, BARS CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. YOU WERE FURTHER ADVISED, HOWEVER, THAT TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223, PROVIDED THAT PAYMENTS TO PHILIPPINE SCOUTS UNDER THE MUSTERING-OUT PAY ACT OF 1944, SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT AND SINCE YOU RECEIVED THE SUM OF $150 (THE EQUIVALENT OF 300 PHILIPPINE PESOS) AS MUSTERING-OUT PAY, IT APPEARS THAT YOU HAVE RECEIVED THE FULL AMOUNT TO WHICH YOU WERE ENTITLED AND THE MAXIMUM ALLOWABLE UNDER THE LAW.

IN YOUR PRESENT LETTER, YOU AGAIN STATE THAT YOU HAVE RECEIVED $150 MUSTERING-OUT PAY, THE LAST INSTALLMENT OF $50 PAID TO YOU SOMETIME IN 1958 AND YOU REFER AGAIN TO THE PROVISIONS OF SECTION 2101 AND 2102 OF TITLE 38, U.S.C. WHICH PROVIDES A MAXIMUM OF $300 TO ANY MEMBER SERVING OVER 60 DAYS WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, STATING YOU WERE ENTITLED TO THE MAXIMUM PAYMENT.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, BARS CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN THAT OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY OR RECEIPT OF A PAYMENT IN 1958, DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. SEE 32 COMP. GEN. 267, COPY ENCLOSED.

HOWEVER, EVEN IF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS NOT BARRED, YOU APPARENTLY WOULD NOT BE ENTITLED TO ANY ADDITIONAL AMOUNT. SECTIONS 2101 AND 2102 OF TITLE 38, UNITED STATES CODE, CITED BY YOU, PROVIDE FOR MUSTERING-OUT PAYMENTS TO MEMBERS OF THE ARMED FORCES WHO SERVED ON ACTIVE DUTY ON OR AFTER JUNE 27, 1950. THE MUSTERING-OUT PAYMENTS TO YOU WERE MADE UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 (1946 EDITION), WHICH WAS MADE APPLICABLE TO PHILIPPINE SCOUTS UNDER THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224. THE 1944 ACT AUTHORIZED $100 MUSTERING-OUT PAYMENT TO MEMBERS WHO PERFORMED ACTIVE SERVICE FOR LESS THAN 60 DAYS; $200 FOR MEMBERS WHO SERVED MORE THAN 60 DAYS WITHIN THE UNITED STATES AND $300 FOR PERSONS WHO SERVED MORE THAN 60 DAYS AND WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.

TITLE II OF THE ACT OF MAY 27, 1946, REFERRED TO ABOVE, PROVIDED IN PERTINENT PART (1) THAT FOR THE PURPOSE OF COMPUTING MUSTERING-OUT PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES AND (2) THAT MUSTERING-OUT PAYMENTS MADE ON ACCOUNT OF SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT.

UNDER THE ABOVE PROVISIONS, A PHILIPPINE SCOUT WHO SERVED MORE THAN 60 DAYS AND WHO PERFORMED SERVICE OUTSIDE THE PHILIPPINE ISLANDS WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF $150 (THE EQUIVALENT OF 300 PHILIPPINE PESOS). SINCE IT APPEARS FROM YOUR STATEMENTS THAT YOU WERE PAID $150, YOU APPARENTLY RECEIVED THE MAXIMUM OF 300 PESOS AUTHORIZED TO BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT.