B-161127, APR. 10, 1967

B-161127: Apr 10, 1967

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MOJIA: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 11. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. AS YOU APPARENTLY 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. IT DOES NOT HAVE REFERENCE TO MUSTERING-OUT PAY. THE MUSTERING-OUT PAYMENT TO WHICH YOU WERE ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944. PAYMENTS WERE TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT. WAS 300 PESOS. THE ADDITIONAL 100 PESOS ($50) WAS PAID BY CHECK ISSUED IN JULY 1958. WHICH WAS NOT DELIVERED TO YOU DUE TO A CHANGE IN YOUR ADDRESS.

B-161127, APR. 10, 1967

TO MR. ENRIQUE A. MOJIA:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 11, 1966, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, WHEREIN YOU CLAIM ENTITLEMENT TO $3,600 AS MUSTERING OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 5, 1949.

IN SUPPORT OF YOUR CLAIM, YOU 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 CREATED ENTITLEMENT TO RECEIVE THE MUSTERING-OUT PAY CLAIMED, AS YOU APPARENTLY 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 AREAS OUTSIDE THE PHILIPPINES ON OR 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 HAVE REFERENCE TO MUSTERING-OUT PAY.

THE MUSTERING-OUT PAYMENT TO WHICH YOU WERE ENTITLED 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.). IN CONNECTION WITH THIS ACT, TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, SHOULD BE DEEMED APPLICABLE TO PERSONS WHO, LIKE YOURSELF, ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE ACT OF OCTOBER 6, 1945, BUT PAYMENTS WERE TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT. IN OTHER WORDS, UNDER THE PROVISIONS OF THOSE LAWS, THE MAXIMUM AMOUNT THAT COULD BE PAID UPON DISCHARGE TO A PHILIPPINE SCOUT, WHO SERVED FOR 60 DAYS OR MORE, INCLUDING SERVICE OUTSIDE THE PHILIPPINE ISLANDS SUBSEQUENT TO OCTOBER 6, 1945, WAS 300 PESOS.

YOUR CLAIMS DATED MAY 28, 1959, AND DECEMBER 19, 1959, INDICATE THAT YOU RECEIVED 200 PESOS ON OR ABOUT THE TIME OF YOUR DISCHARGE IN 1949. APPARENTLY, THE ADDITIONAL 100 PESOS ($50) WAS PAID BY CHECK ISSUED IN JULY 1958, WHICH WAS NOT DELIVERED TO YOU DUE TO A CHANGE IN YOUR ADDRESS. IN YOUR LETTER OF JANUARY 12, 1960, YOU STATED THAT YOUR CLAIM RELATED SOLELY TO THE PROCEEDS OF THAT CHECK. IN PAYMENT OF THAT CLAIM THE UNITED STATES ARMY FINANCE CENTER ISSUED CHECK NO. 24,277, IN YOUR FAVOR IN THE AMOUNT OF $50, ON DISBURSING OFFICER VOUCHER M). 919, DATED JUNE 27, 1960, ACCOUNTS OF R. H. MCPHERSON, SYMBOL NO. 5053. YOU WERE SO ADVISED IN OUR LETTER OF SEPTEMBER 27, 1960.

ACCORDINGLY, SINCE THE RECORD SHOWS PAYMENT TO YOU OF THE FULL AMOUNT OF MUSTERING-OUT PAY DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949, THERE IS NO BASIS FOR THE PAYMENT OF YOUR PRESENT CLAIM.