B-165624, DEC. 10, 1968

B-165624: Dec 10, 1968

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GARCIA: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 30. OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 27 AND AUGUST 2. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. YOU APPEAR TO BE UNDER THE IMPRESSION THAT YOUR CLAIM WAS VIEWED BY US AS HAVING BEEN SUBMITTED UNDER THE 1940 ACT. YOU INVITE ATTENTION TO THE FACT THAT YOU ARE RELYING ON THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944. WHEN YOUR CLAIM WAS RECEIVED IN THIS OFFICE. IT WAS UNDERSTOOD THAT IT WAS BASED ON THE MUSTERING-OUT PAYMENT ACT OF 1944. IF YOU WERE ENTITLED TO MUSTERING-OUT PAY UNDER THAT ACT.

B-165624, DEC. 10, 1968

TO MR. PEDRO L. GARCIA:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 30, 1968, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 BELIEVED DUE INCIDENT TO YOUR DISCHARGE AS AN ENLISTED MAN IN THE ARMED FORCES OF THE UNITED STATES IN JANUARY 1948.

OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 27 AND AUGUST 2, 1968, 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 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).

YOU APPEAR TO BE UNDER THE IMPRESSION THAT YOUR CLAIM WAS VIEWED BY US AS HAVING BEEN SUBMITTED UNDER THE 1940 ACT, AND YOU INVITE ATTENTION TO THE FACT THAT YOU ARE RELYING ON THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CERTAIN ADMINISTRATIVE REGULATIONS PROMULGATED PURSUANT TO THAT ACT AND SECTION 14 OF PUBLIC LAW 79-190, APPROVED OCTOBER 8 (6), 1945, CH. 393, 59 STAT. 543.

WHEN YOUR CLAIM WAS RECEIVED IN THIS OFFICE, IT WAS UNDERSTOOD THAT IT WAS BASED ON THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.). HOWEVER, IF YOU WERE ENTITLED TO MUSTERING-OUT PAY UNDER THAT ACT, THAT FACT DOES NOT AVOID THE APPLICABILITY OF THE BARRING ACT OF OCTOBER 9, 1940, SUPRA, TO YOUR CLAIM. ALL CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT, WHICH BARS THE CONSIDERATION OF EVERY CLAIM NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS OF THE DATE SUCH CLAIM FIRST ACCRUED.

YOU STATE THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON JANUARY 2, 1948. ANY ENTITLEMENT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED ON THAT DATE. IN ORDER FOR YOUR CLAIM TO BE CONSIDERED, IT WAS NECESSARY THAT IT BE RECEIVED HERE ON OR BEFORE JANUARY 2, 1958. OUR RECORDS SHOW THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON MARCH 20, 1968, MORE THAN 20 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ASIDE FROM THE APPLICABILITY OF THE BARRING ACT OF 1940, YOUR ATTENTION IS INVITED TO THE FACT THAT SECTION 14 OF THE 1945 ACT WHICH YOU CITE, DOES NOT PERTAIN TO THE PAYMENT OF MUSTERING-OUT PAY. IT RELATES ONLY TO THE AUTHORIZATION FOR THE ENLISTMENT OF A NUMBER OF PERSONS IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINE ISLANDS AND CERTAIN AREAS OUTSIDE THE PHILIPPINES ON OR AFTER OCTOBER 6, 1945. IT DOES NOT REFER TO MUSTERING-OUT PAY.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM BY THIS OFFICE IS PROHIBITED BY THE 1940 ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.