B-161010, MAR. 28, 1967

B-161010: Mar 28, 1967

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CASINGAL: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 6. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 13. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. IN THE APPARENT BELIEF THAT SUCH PROVISIONS OF LAW HAVE A BEARING ON YOUR RIGHT TO THE MUSTERING-OUT PAY CLAIMED. AS YOU WERE A MEMBER OF THE PHILIPPINE SCOUTS ASSIGNED TO THE OVERSEAS DUTY MENTIONED IN THAT SECTION. ALTHOUGH THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU ENTERED MILITARY SERVICE AS A PHILIPPINE SCOUT. ANY MUSTERING-OUT PAYMENT TO WHICH YOU MAY HAVE BEEN ENTITLED WOULD HAVE ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944.

B-161010, MAR. 28, 1967

TO MR. MARTIN P. CASINGAL:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 6, 1967, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN APRIL 1947, AS A PHILIPPINE SCOUT. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 13, 1957, AND FEBRUARY 12, 1958, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH ACT READS IN PERTINENT PART:

"/1)EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * 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 IN SAID OFFICE WITHIN TEN FULL DAYS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU NOW INVITE ATTENTION TO SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, IN THE APPARENT BELIEF THAT SUCH PROVISIONS OF LAW HAVE A BEARING ON YOUR RIGHT TO THE MUSTERING-OUT PAY CLAIMED, AS YOU WERE A MEMBER OF THE PHILIPPINE SCOUTS ASSIGNED TO THE OVERSEAS DUTY MENTIONED IN THAT SECTION.

SECTION 14 OF THE 1945 ACT DOES NOT PERTAIN TO THE PAYMENT OF MUSTERING- OUT PAY. IT RELATES ONLY TO THE AUTHORIZATION FOR THE ENLISTMENT OF A NUMBER OF PERSONS IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINES AND CERTAIN OVERSEAS AREAS ON AND AFTER OCTOBER 6, 1945. ALTHOUGH THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU ENTERED MILITARY SERVICE AS A PHILIPPINE SCOUT, IT DOES NOT AFFECT YOUR RIGHT TO MUSTERING- OUT PAY IN ANY WAY.

ANY MUSTERING-OUT PAYMENT TO WHICH YOU MAY HAVE BEEN ENTITLED WOULD HAVE ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.). HOWEVER, CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATIONS OF THE ACT OF OCTOBER 9, 1940, SUPRA, WHICH REQUIRES RECEIPT OF A CLAIM BY THIS OFFICE WITHIN 10 YEARS OF THE DATE SUCH CLAIM FIRST ACCRUED. THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON APRIL 9, 1947. SINCE THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE APRIL 9, 1957, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS RECEIVED HERE ON SEPTEMBER 5, 1957, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTERS OF SEPTEMBER 13, 1957, AND FEBRUARY 12, 1958, IS SUSTAINED.