B-164580, JUL. 23, 1968

B-164580: Jul 23, 1968

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FRUCTUOSO SURALTA: FURTHER REFERENCE IS MADE TO YOUR RECENT UNDATED LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN MARCH 1949. THE LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY AND WAS RECEIVED HERE ON MAY 29. OUR FILE SHOWS THAT YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 12. IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. IT APPEARS THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON MARCH 21. IT IS CLEAR. THAT IF THE BAR OF THE 1940 ACT WERE TO BE AVOIDED IN YOUR CASE.

B-164580, JUL. 23, 1968

TO MR. FRUCTUOSO SURALTA:

FURTHER REFERENCE IS MADE TO YOUR RECENT UNDATED LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN MARCH 1949. THE LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY AND WAS RECEIVED HERE ON MAY 29, 1968.

OUR FILE SHOWS THAT YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 12, 1960, FEBRUARY 13, 1964, FEBRUARY 16, 1966, AND MAY 19, 1967, IN EACH OF 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 PROVIDES 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).

IT APPEARS THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON MARCH 21, 1949. IT IS CLEAR, THEREFORE, THAT IF THE BAR OF THE 1940 ACT WERE TO BE AVOIDED IN YOUR CASE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE MARCH 21, 1959. OUR FILE SHOWS THAT YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON MAY 2, 1960, MORE THAN 11 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. IN THE CIRCUMSTANCES DISCLOSED, IT APPEARS THAT FURTHER CORRESPONDENCE IN THIS MATTER WOULD SERVE NO USEFUL PURPOSE.