B-163612, APR. 1, 1968

B-163612: Apr 1, 1968

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MARQUEZ: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 6. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY AND BACK PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED IN JANUARY 1949. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JANUARY 27 AND APRIL 6. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. YOU NOW CONTEND THAT YOU DID NOT RECEIVE THE FULL AMOUNT OF YOUR MUSTERING-OUT PAY AT THE TIME OF YOUR DISCHARGE AND CLAIM THAT $50 IS STILL DUE YOU. YOU CONTEND THAT YOU RECEIVED ONLY 50 PESOS PER MONTH AS MILITARY PAY AND FEEL THAT YOU SHOULD HAVE RECEIVED MORE SINCE YOU SERVED IN THE RANK OF PRIVATE FIRST CLASS.

B-163612, APR. 1, 1968

TO MR. ALFREDO D. MARQUEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 6, 1967, ADDRESSED TO THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY AND BACK PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED IN JANUARY 1949.

OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JANUARY 27 AND APRIL 6, 1960, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 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 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1926, 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 YOU DID NOT RECEIVE THE FULL AMOUNT OF YOUR MUSTERING-OUT PAY AT THE TIME OF YOUR DISCHARGE AND CLAIM THAT $50 IS STILL DUE YOU. IN ADDITION TO THIS ITEM, YOU CONTEND THAT YOU RECEIVED ONLY 50 PESOS PER MONTH AS MILITARY PAY AND FEEL THAT YOU SHOULD HAVE RECEIVED MORE SINCE YOU SERVED IN THE RANK OF PRIVATE FIRST CLASS.

CLAIMS FOR MILITARY BACK PAY AND ALLOWANCES AS WELL AS CLAIMS FOR MUSTERING-OUT PAY ARE GOVERNED BY THE ABOVE-QUOTED PROVISIONS OF LAW WHICH REQUIRE THAT EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE SUCH CLAIM FIRST ACCRUES IS FOREVER BARRED.

AS TO THE AMOUNTS WHICH YOU CONTEND ARE DUE, THIS OFFICE DOES NOT MAINTAIN MILITARY PAY RECORDS AND WE HAVE NO INFORMATION CONCERNING THE MILITARY PAY AND ALLOWANCES OR MUSTERING-OUT PAY, IF ANY, TO WHICH YOU MAY HAVE BEEN ENTITLED AT THE TIME OF YOUR DISCHARGE. HOWEVER, AN EXAMINATION OF YOUR PAY RECORDS WITH RESPECT TO THESE MATTERS WOULD ONLY BE WARRANTED IF THESE MONIES ACCRUED TO YOU FOR A PERIOD NOT BARRED BY THE ACT OF OCTOBER 9, 1940, SUPRA. IF YOU FAILED TO RECEIVE ALL THE MUSTERING-OUT PAY DUE YOU OR WERE UNDERPAID DURING ANY PERIOD OF YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS, A RIGHT TO THE AMOUNTS INVOLVED ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE, JANUARY 7, 1949.

CONSEQUENTLY, IN ORDER FOR THIS OFFICE TO RECOGNIZE AND CONSIDER THE MERITS OF YOUR CLAIMS, SUCH CLAIMS HAD TO BE RECEIVED BY US ON OR BEFORE JANUARY 7, 1959. OUR RECORDS SHOW THAT THE FIRST NOTICE WE HAD CONCERNING ANY CLAIM WHICH YOU MAY HAVE HAD ARISING OUT OF YOUR MILITARY SERVICE WAS RECEIVED HERE ON DECEMBER 21, 1959, MORE THAN 10 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, SINCE THIS OFFICE IS PROHIBITED BY LAW FROM CONSIDERING ANY OF YOUR CLAIMS INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.