B-162209, AUG. 21, 1967

B-162209: Aug 21, 1967

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SINCE CLAIM FOR MUSTERING OUT PAY WAS NOT RECEIVED IN GAO UNTIL 16 YEARS AFTER DATE OF DISCHARGE. ALBERCA: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 17. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY BY THE U.S. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 5. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS BARRED BY THE ACT OF OCTOBER 9. IS THE PROVISION TO WHICH YOU APPARENTLY REFER. PAYMENT WAS LIMITED TO $200 FOR PERSONS WHO DID NOT SERVE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. PAYMENT WAS TO BE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. IT WAS FURTHER PROVIDED THAT FOR SERVICE IN THE PHILIPPINE SCOUTS.

B-162209, AUG. 21, 1967

ARMED SERVICES - MUSTERING-OUT PAY DECISION TO FORMER PHILIPPINE SCOUT FOR MUSTERING OUT PAY INCIDENT TO DISCHARGE FROM SERVICE, FEB. 5, 1947. SINCE CLAIM FOR MUSTERING OUT PAY WAS NOT RECEIVED IN GAO UNTIL 16 YEARS AFTER DATE OF DISCHARGE, THE BARRED ACT OF OCT. 9, 1940, PRECLUDES CONSIDERATION.

TO MR. LUIS A. ALBERCA:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 17, 1967, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY BY THE U.S. ARMY FINANCE CENTER, WHEREIN YOU CLAIM ADDITIONAL MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON FEBRUARY 5, 1947.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 5, 1963, AND JULY 3, 1963, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH 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 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

YOU NOW CONTEND THAT THE MUSTERING-OUT PAYMENT ACT OF 1944 PROVIDED FOR PAYMENT OF $500 TO ALL MEMBERS OF THE ARMED FORCES WHO SERVED ON ACTIVE DUTY FOR 90 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. YOU INDICATE THAT YOU SERVED IN THE PHILIPPINE ISLANDS AS A MEMBER OF THE PHILIPPINE SCOUTS UNDER PUBLIC LAW 190, 79TH CONGRESS, FROM JUNE 4, 1946, TO FEBRUARY 5, 1947.

SECTION 2 (A) (1) OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946ED.) IS THE PROVISION TO WHICH YOU APPARENTLY REFER. HOWEVER, THIS SECTION PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO MEMBERS OF THE ARMED FORCES WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. PAYMENT WAS LIMITED TO $200 FOR PERSONS WHO DID NOT SERVE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.

TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223-224, PROVIDED THAT THE 1944 ACT SHOULD BE DEEMED APPLICABLE TO PERSONS WHO ENLISTED IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, BUT PAYMENT WAS TO BE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. IT WAS FURTHER PROVIDED THAT FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE PERFORMED WHOLLY IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE PERFORMED WHOLLY WITHIN THE UNITED STATES. IN OTHER WORDS, UNDER THE COMBINED PROVISIONS OF THOSE LAWS, THE MAXIMUM AMOUNT THAT COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING-OUT PAY FOR SERVICE IN THE PHILIPPINE ISLANDS WAS 200 PESOS.

ALL CLAIMS FOR MUSTERING-OUT PAY, HOWEVER, ARE SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT SUCH CLAIMS BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THE DAY THE CLAIM FIRST ACCRUED. SINCE YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 5, 1947, THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED AND IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE FEBRUARY 5, 1957, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS RECEIVED HERE FEBRUARY 23, 1963, MORE THAN 16 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.