B-163863, APR. 12, 1968

B-163863: Apr 12, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JOJAAQUIN SEVERINO: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2. WAS RETURNED TO YOU BY LETTER OF OUR CLAIMS DIVISION DATED FEBRUARY 23. WHICH FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE PROVISIONS OF THE 1940 ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM INCIDENT TO YOUR MILITARY SERVICE WHICH TERMINATED ON MARCH 2. YOU WERE ADVISED ALSO THAT THIS OFFICE HAS BEEN GRANTED NO AUTHORITY TO MAKE ANY EXCEPTIONS TO THE 1940 ACT.

B-163863, APR. 12, 1968

TO MR. JOJAAQUIN SEVERINO:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2, 1949.

YOUR CLAIM FOR MUSTERING-OUT PAY, FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 1, 1967, WAS RETURNED TO YOU BY LETTER OF OUR CLAIMS DIVISION DATED FEBRUARY 23, 1967, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. LETTER DATED JUNE 7, 1967, YOU WERE ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE PROVISIONS OF THE 1940 ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM INCIDENT TO YOUR MILITARY SERVICE WHICH TERMINATED ON MARCH 2, 1949. YOU WERE ADVISED ALSO THAT THIS OFFICE HAS BEEN GRANTED NO AUTHORITY TO MAKE ANY EXCEPTIONS TO THE 1940 ACT.

YOUR RECENT CLAIM IS PRESENTED UNDER THE PROVISIONS OF THE ACT OF JUNE 24, 1965, PUBLIC LAW 89-50, 79 STAT. 173. HOWEVER, SECTION 2 OF THAT ACT WAS ENACTED FOR THE PURPOSE OF ALLOWING A RELATIVELY SMALL NUMBER OF OFFICERS, WHO WERE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BECAUSE THEIR ENTITLEMENT WAS ESTABLISHED ONLY AS A RESULT OF A COURT OF CLAIMS DECISION IN 1966, A PERIOD OF TIME IN WHICH TO APPLY FOR AND BE PAID MUSTERING-OUT PAYMENT IN CONNECTION WITH ACTIVE DUTY DURING THE KOREAN CONFLICT. SINCE YOU WERE DISCHARGED ON MARCH 2, 1949, AND APPARENTLY PERFORMED NO DUTY IN KOREA, THAT ACT HAS NO BEARING ON YOUR CASE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY FOR RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTION TO THE PROVISIONS OF THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. THE ACT PROHIBITS CONSIDERATION BY THIS OFFICE OF ANY CLAIM WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM ACCRUED NOT LATER THAN THE DATE OF YOUR DISCHARGE AND WAS NOT RECEIVED UNTIL AFTER 10 YEARS FOLLOWING YOUR DISCHARGE, CONSIDERATION THEREOF IS FORBIDDEN BY LAW.