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B-165019, MAR 19, 1971

B-165019 Mar 19, 1971
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MORE THAN 10 YEARS AFTER CLAIMANT'S DISCHARGE IS BARRED BY THE ACT OF OCTOBER 9. THERE IS NO OTHER LAW WHICH AUTHORIZES THE PAYMENT OF SUCH CLAIM. 600 BELIEVED TO HAVE BEEN DUE UPON DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 14. THE CLAIM PRESENTED IN THE ABOVE LETTER IS IDENTICAL IN AMOUNT TO THAT CONTAINED IN YOUR LETTER OF JULY 15. TO THIS OFFICE AND WHICH WAS THE SUBJECT OF OUR DECISION OF AUGUST 27. POINTED OUT THAT INASMUCH AS YOUR INITIAL CLAIM WAS RECEIVED HERE ON OCTOBER 7. SUCH CLAIM WAS BARRED BY THE 10-YEAR TIME LIMITATION PRESCRIBED IN THAT ACT FOR THE CONSIDERATION OF CLAIMS COGNIZABLE BY THIS OFFICE. NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31. HAD NOTHING TO DO WITH MUSTERING-OUT PAY) NOR ANY OTHER LAW OF WHICH WE ARE AWARE AUTHORIZES THE PAYMENT OF YOUR CLAIM.

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B-165019, MAR 19, 1971

MUSTERING OUT PAY DECISION DENYING MUSTERING OUT PAY DUE TO 10-YEAR LIMITATION PERIOD IMPOSED BY ACT OF OCTOBER 9, 1940. A CLAIM FIRST RECEIVED BY GAO ON OCTOBER 7, 1957, MORE THAN 10 YEARS AFTER CLAIMANT'S DISCHARGE IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND THERE IS NO OTHER LAW WHICH AUTHORIZES THE PAYMENT OF SUCH CLAIM.

TO MR. SIXTO A. MARZAN:

THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, HAS FORWARDED TO THIS OFFICE FOR CONSIDERATION YOUR LETTER OF NOVEMBER 17, 1969, IN WHICH YOU CLAIM MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED TO HAVE BEEN DUE UPON DISCHARGE FROM THE PHILIPPINE SCOUTS ON APRIL 14, 1947.

THE CLAIM PRESENTED IN THE ABOVE LETTER IS IDENTICAL IN AMOUNT TO THAT CONTAINED IN YOUR LETTER OF JULY 15, 1968, TO THIS OFFICE AND WHICH WAS THE SUBJECT OF OUR DECISION OF AUGUST 27, 1968, B-165019. IN THAT DECISION WE ADVISED YOU OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, AND POINTED OUT THAT INASMUCH AS YOUR INITIAL CLAIM WAS RECEIVED HERE ON OCTOBER 7, 1957, OR MORE THAN 10 YEARS AFTER APRIL 14, 1957, THE DATE OF YOUR DISCHARGE AND THE DATE YOUR CLAIM FIRST ACCRUED, SUCH CLAIM WAS BARRED BY THE 10-YEAR TIME LIMITATION PRESCRIBED IN THAT ACT FOR THE CONSIDERATION OF CLAIMS COGNIZABLE BY THIS OFFICE.

IN YOUR LETTER OF NOVEMBER 17, 1969, YOU CITE "ACT NO. 263, 88TH CONGRESS, DATE 9 JANUARY 1963 APPROVED SEPT. 30, 1965" AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31, 1964, AND HAD NOTHING TO DO WITH MUSTERING-OUT PAY) NOR ANY OTHER LAW OF WHICH WE ARE AWARE AUTHORIZES THE PAYMENT OF YOUR CLAIM. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING- OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.), AND IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPHS 313- 322 OF WAR DEPARTMENT TECHNICAL MANUAL 14 502, AUGUST 1946. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON OCTOBER 7, 1957, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.

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