B-162470, OCT. 5, 1967

B-162470, OCT. 5, 1967

ARMED SERVICES - MUSTERING OUT PAY - PHILIPPINE SCOUTS DECISION TO INDIVIDUAL CLAIMING ADDITIONAL MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM U.S. ARMY AS PHILIPPINE SCOUT ON MAY 23, 1949. CLAIM FOR ADDITIONAL MUSTERING OUT PAY RECEIVED IN GAO MORE THAN 10 YEARS AFTER INDIVIDUAL WAS DISCHARGED IS BARRED BY ACT OF OCTOBER 9, 1940.

TO MR. VIVENCIO O. CABAL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 12, 1967, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY AS A PHILIPPINE SCOUT ON MAY 23, 1949.

OUR CLAIMS DIVISION ADVISED YOU IN A LETTER DATED OCTOBER 17, 1962, THAT SINCE YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WA NOT RECEIVED IN OUT OFFICE UNTIL OCTOBER 1, 1962, OR MORE THAN 10 FULL YEARS AFTER THE DATE ON WHICH IT ACCRUED, IT WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES THAT CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE BARRED UNLESS THEY ARE RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS FROM THE DATE ON WHICH THEY FIRST ACCRUE. BY LETTER DATED MAY 22, 1967, OUR CLAIMS DIVISION AGAIN ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, BECAUSE THERE WAS NO RECORD OF THE RECEIPT OF THAT CLAIM IN OUR OFFICE PRIOR TO OCTOBER 1, 1962.

YOU ENCLOSE WITH YOUR PRESENT LETTER, A COPY OF A LETTER BY YOU TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, DATED SEPTEMBER 10, 1957, IN WHICH YOU CLAIMED AN ADDITIONAL $50 AS MUSTERING-OUT PAY. YOU SAY THAT, WHILE THE CLAIM WAS NOT SENT TO US IT WAS NOT RETURNED TO YOU, AND YOU URGE THAT WE SHOULD RECONSIDER YOUR CLAIM ON THE BASIS OF THE LETTER TO THE ARMY.

GENERALLY, OTHERWISE PROPER CLAIMS FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED, 38 U.S.C. 691-691G (1946 ED.), WERE PAID BY THE DEPARTMENT CONCERNED AND, IF YOU WERE ENTITLED TO THE ADDITIONAL $50, NO REASON IS APPARENT WHY IT WAS NOT PAID BY THE DEPARTMENT OF THE ARMY.

THE 1944 ACT, HOWEVER, DID NOT PRESCRIBE A TIME LIMITATION FOR THE FILING OF CLAIMS BY THOSE MEMBERS WHO WERE DISCHARGED ON OR AFTER THE DATE OF ITS ENACTMENT, AS IN YOUR CASE. NOR WAS THERE ANYTHING IN THAT ACT WHICH PRECLUDED OUR OFFICE FROM SETTLING SUCH CLAIMS BASED ON THE RECOMMENDATION OF THE DEPARTMENT CONCERNED. HENCE, CLAIMS FOR MUSTERING-OUT PAY BY FORMER MEMBERS WHO WERE DISCHARGED AFTER ENACTMENT OF THE 1944 ACT ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

THEREFORE, IF SUCH CLAIMS ARE RECEIVED BY THE GENERAL ACCOUNTING OFFICE MORE THAN 10 YEARS AFTER THEY FIRST ACCRUED, THEY MAY NOT BE PAID BY OUR OFFICE OR BY ANY OTHER AGENCY OF THE GOVERNMENT. FURTHERMORE, THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WITHIN THE LIMITATION PERIOD MAY NOT BE CONSIDERED AS SUFFICIENT COMPLIANCE WITH THE ACT, WHICH REQUIRES THAT CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE. SEE 32 COMP. GEN. 267, COPY ENCLOSED.

WE HAVE NO RECORD OF THE RECEIPT OF YOUR CLAIM FOR MUSTERING-OUT PAY PRIOR TO OCTOBER 1, 1962. SINCE THAT IS MORE THAN 10 YEARS AFTER MAY 23, 1949, THE DATE IT FIRST ACCRUED, THE ACT OF OCTOBER 9, 1940, PRECLUDES US FROM CONSIDERING YOUR CLAIM.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940. HENCE, WE TRUST THAT YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW AND THAT THERE IS NO ACTION WE MAY TAKE IN THE MATTER.