B-162168, SEP. 7, 1967

B-162168, SEP. 7, 1967

ARMED SERVICES - MUSTERING-OUT PAY - PHILIPPINE SCOUT DECISION TO FORMER PHILIPPINE SCOUT RE CLAIM FOR MUSTERING-OUT PAY. SINCE CLAIM FOR MUSTERING-OUT PAY WAS NOT FILED IN GAO WITHIN 10 YEARS AFTER ACCRUAL IT MAY NOT BE CONSIDERED. HOWEVER CLAIMANT RECEIVED MAXIMUM AMOUNT IN PHILIPPINE PESOS FOR MUSTERING-OUT PAY AND THEREFORE THERE IS NO AUTHORITY FOR ADDITIONAL PAYMENT.

TO MR. CONRADO F. GADAIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1967, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS FROM WHICH YOU WERE DISCHARGED ON APRIL 29, 1949.

YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 28, 1966, AND WAS RETURNED TO YOU BY LETTER DATED MARCH 25, 1966, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU WERE ADVISED IN THAT 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.

IN YOUR LETTER OF MAY 23, 1966, TO OUR OFFICE, YOU SAID THAT YOU RECEIVED MUSTERING-OUT PAYMENTS OF $100 WHEN YOU WERE DISCHARGED ON APRIL 29, 1949 AND $100.28 (PHILIPPINE PESOS) IN FEBRUARY 1959, AND YOU ENCLOSED A POST CARD BEARING A STAMP DATE OF FEBRUARY 23, 1959, WHICH YOU RECEIVED FROM THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, ADVISING YOU THAT YOUR CLAIM HAD BEEN REFERRED TO THE FINANCE OFFICER, 6200TH AIR BASE WING, CLARK AIR FORCE BASE, LUZON, PHILIPPINE ISLANDS, FOR DIRECT PAYMENT TO YOU. OUR CLAIMS DIVISION ADVISED YOU IN LETTER DATED OCTOBER 17, 1966, THAT WHILE YOU MAY HAVE PREVIOUSLY FILED A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT, SUCH FILING MAY NOT BE CONSIDERED A SUFFICIENT COMPLIANCE WITH THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT CLAIMS MUST BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE. YOU WERE ALSO ADVISED THAT THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE UNITED STATES GOVERNMENT BUT THEY ARE SEPARATE AND DISTINCT OFFICES AND THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY DOES NOT CONSTITUTE THE FILING OF A CLAIM WITH OUR OFFICE.

AS YOU HAVE BEEN 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. EVEN IF YOUR CLAIM WERE NOT BARRED FROM CONSIDERATION BY THIS OFFICE, YOU APPARENTLY WOULD NOT BE ENTITLED TO ANY ADDITIONAL AMOUNT. EVIDENTLY YOUR ENLISTMENT IN THE PHILIPPINE SCOUTS ON JULY 30, 1946, WAS EFFECTED UNDER THE PROVISIONS OF SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, CH. 393, 59 STAT. 543, WHICH AUTHORIZED THE SECRETARY OF WAR, WITH THE APPROVAL OF THE PHILIPPINE GOVERNMENT, TO ENLIST 50,000 MEN IN THE PHILIPPINE SCOUTS FOR SERVICE IN THE PHILIPPINE ISLANDS AND ELSEWHERE IN THE FAR EAST.

ALTHOUGH TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS AUTHORIZED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, CH. 9, 58 STAT. 8, SHOULD BE DEEMED TO APPLY TO PERSONS WHO SERVED IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE 1945 ACT, IT FURTHER PROVIDED (1) THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, 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 SUCH SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH UNITED STATES DOLLAR AUTHORIZED BY THE 1944 ACT.

SECTION 2 (A) (1) OF THE 1944 ACT 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 SUCH STATUTORY PROVISIONS, A PHILIPPINE SCOUT WHO SERVED MORE THAN 60 DAYS AND WHO PERFORMED SERVICE OUTSIDE THE PHILIPPINE ISLANDS WAS ENTITLED TO MUSTERING-OUT PAYMENT OF $150 (THE EQUIVALENT OF 300 PHILIPPINE PESOS). SINCE YOU ADMIT THAT YOU RECEIVED THE SUMS OF $100, OR 200 PHILIPPINE PESOS, IN 1949, AND 100.28 PHILIPPINE PESOS IN 1959, YOU RECEIVED THE EQUIVALENT OF $150, THE MAXIMUM AMOUNT AUTHORIZED TO BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT.