B-166212, APR. 2, 1969

B-166212: Apr 2, 1969

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AQUINO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28. FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 15. YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9. FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU ARE ALSO ADVISED THAT THE ACT OF JUNE 24. SPECIFICALLY APPLIES ONLY TO "A MEMBER OF THE ARMED FORCES * * * WHO WAS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE AS AN OFFICER * * * BEFORE JULY 16. YOU WERE NOT DISCHARGED AS AN OFFICER AND YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU WERE EVER TENDERED AN APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER.

B-166212, APR. 2, 1969

TO MR. FERNANDO M. AQUINO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28, 1968, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE ON FEBRUARY 6, 1946.

YOUR CLAIM DATED APRIL 4, 1968, FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MAY 15, 1968, AND BY LETTERS OF OUR CLAIMS DIVISION DATED MAY 27, 1968, AUGUST 19, 1968, AND NOVEMBER 20, 1968, YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOU ARE ALSO ADVISED THAT THE ACT OF JUNE 24, 1965, PUBLIC LAW 89 50, 79 STAT. 173, REFERRED TO BY YOU, SPECIFICALLY APPLIES ONLY TO "A MEMBER OF THE ARMED FORCES * * * WHO WAS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE AS AN OFFICER * * * BEFORE JULY 16, 1952, FOR THE PURPOSE OF APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER IN A REGULAR COMPONENT OF AN ARMED FORCE, * * *.' YOU WERE NOT DISCHARGED AS AN OFFICER AND YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU WERE EVER TENDERED AN APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER.

FOR YOUR FURTHER INFORMATION YOU ARE ADVISED THAT THE ACT OF JUNE 24, 1965, WAS ENACTED FOR THE PURPOSE OF ALLOWING A RELATIVELY SMALL NUMBER OF OFFICERS -- WHO WERE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BECAUSE THEIR ENTITLEMENT WAS ESTABLISHED ONLY AS A RESULT OF A COURT OF CLAIMS DECISION IN 1962 -- A PERIOD OF TIME IN WHICH TO APPLY FOR AND BE PAID MUSTERING-OUT PAY IN CONNECTION WITH ACTIVE SERVICE DURING THE KOREAN CONFLICT. SINCE YOU WERE DISCHARGED ON FEBRUARY 6, 1946, AND APPARENTLY PERFORMED NO DUTY IN KOREA, THAT ACT HAS NO BEARING ON YOUR CASE.