B-164248, MAY 27, 1968

B-164248: May 27, 1968

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SEVERINO GRIMALDO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 13. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. CONCERNING YOUR CLAIM FOR MUSTERING- OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A PHILLIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED IN JULY 1949. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 21 AND JULY 22. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. IS A DUPLICATE OF YOUR LETTER OF JANUARY 18. IT APPEARS THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON JULY 19. IT WAS THEREFORE NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JULY 19.

B-164248, MAY 27, 1968

TO MR. SEVERINO GRIMALDO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 13, 1968, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING- OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A PHILLIPPINE SCOUT FROM WHICH YOU WERE DISCHARGED IN JULY 1949.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED APRIL 21 AND JULY 22, 1966, 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, 31 U.S.C. 71A. THAT 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, 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).

SINCE YOUR LETTER OF MARCH 13, 1968, IS A DUPLICATE OF YOUR LETTER OF JANUARY 18, 1966, BY WHICH YOU SUBMITTED YOUR ORIGINAL CLAIM, IT REQUIRES NO FURTHER COMMENT, THE CONTENTS THEREOF HAVING BEEN NOTED AND CONSIDERED AT THAT TIME.

IT APPEARS THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON JULY 19, 1949. IT WAS THEREFORE NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JULY 19, 1959, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON APRIL 4, 1966, MORE THAN 15 YEARS AFTER YOUR DISCHARGE.

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