B-164409, JUN. 21, 1968

B-164409, JUN. 21, 1968

TO MRS. AURELIA L. VDA DE SALAZAR: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 18, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE YOUR HUSBAND, BUENAVENTURA SALAZAR, ASN 10302071, AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS, WHO DIED IN 1942.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION, DATED JANUARY 9, 1968, IN WHICH YOU WERE ADVISED THAT, SINCE YOUR HUSBAND DIED WHILE IN MILITARY SERVICE, THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944 WERE INAPPLICABLE TO HIM. YOU CONTINUE TO INSIST THAT YOU, AS HIS WIDOW, ARE ENTITLED TO THIS MONEY.

THE LAW RELATING TO THE PAYMENT OF MUSTERING-OUT PAY FOR MILITARY SERVICE DURING WORLD WAR II WAS THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, 38 U.S.C. 691 ET. SEQ. (1946 ED.). WHILE THAT LAW AUTHORIZED THE PAYMENT OF MUSTERING-OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE FOR VARIOUS PERIODS DURING WORLD WAR II "WHO WERE DISCHARGED OR RELIEVED FROM ACTIVE SERVICE," NO SUCH PAYMENT WAS AUTHORIZED FOR PERSONS WHO DIED WHILE SERVING IN THE ACTIVE MILITARY SERVICE. SINCE THE RECORD SHOWS THAT YOUR LATE HUSBAND DIED ON OR ABOUT MAY 26, 1942, WHILE SERVING ON ACTIVE DUTY IN THE PHILIPPINES AS A PHILIPPINE SCOUT, HE WAS NEVER ,DISCHARGED OR RELIEVED FROM ACTIVE DUTY" WITHIN THE MEANING OF THAT STATUTE. HENCE, NO ENTITLEMENT TO MUSTERING- OUT PAY EXISTED IN HIS CASE.

ACCORDINGLY, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.