B-166354, APR. 2, 1969

B-166354, APR. 2, 1969

TO MR. PROCOPIO P. LIBRANDO

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 30, 1968, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED HERE FOR CONSIDERATION, CONCERNING YOUR CLAIM FOR EQUALIZATION OF BACK PAY AND MUSTERING-OUT PAY ("PHILIPPINE SCOUT (AUS) PAY") IN THE AMOUNT OF 3600 PESOS INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES FROM DECEMBER 15, 1941, TO FEBRUARY 2, 1946.

YOUR CLAIM DATED AUGUST 2, 1967, FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 18, 1967, AND BY LETTERS OF OUR CLAIMS DIVISION DATED SEPTEMBER 29, 1967, AND APRIL 5, 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 WERE ALSO ADVISED THAT WHILE YOU MAY HAVE FILED A CLAIM IN 1948 WITH ANOTHER AGENCY OF THE GOVERNMENT, SUCH FILING MAY NOT BE CONSIDERED AS SUFFICIENT COMPLIANCE WITH THE 1940 ACT WHICH REQUIRES THAT CLAIMS MUST BE TIMELY FILED IN THE GENERAL ACCOUNTING OFFICE. IN CONNECTION WITH THE FOREGOING STATUTORY PROVISIONS, SECTION 305 OF THE BUDGET AND ACCOUNTING ACT, 1921, APPROVED 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 THE GENERAL ACCOUNTING OFFICE.

IN SUPPORT OF YOUR CLAIM YOU CITE SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, CH. 393, 59 STAT. 543, AND CERTAIN REGULATIONS (APPARENTLY PARAGRAPHS 311-322, TM 14- 502, AUGUST 1946) WHICH YOU BELIEVE ENTITLE YOU TO MUSTERING-OUT PAY IN THE AMOUNT OF 3600 PESOS.

SECTION 14 OF THE 1945 ACT DOES NOT PERTAIN TO THE PAYMENT OF MUSTERING- OUT PAY. IT RELATES ONLY TO THE AUTHORIZATION FOR ENLISTMENT OF A NUMBER OF MEN IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINE ISLANDS AND CERTAIN AREAS OUTSIDE THE PHILIPPINES ON AND AFTER OCTOBER 6, 1945. WHILE THAT SECTION WAS THE AUTHORITY FOR ENLISTMENT FOR SERVICE IN THE PHILIPPINE SCOUTS, IT DID NOT IN ANY WAY REFER TO MUSTERING-OUT PAY.

ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 9, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), SECTION 2 (A) (1) OF WHICH PROVIDED FOR PAYMENT OF A MAXIMUM OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR ALASKA. CONNECTION WITH THAT ACT, TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS OF THE MUSTERING-OUT PAYMENT ACT OF 1944 SHOULD BE DEEMED APPLICABLE TO PERSONS WHO SERVED IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, AND THAT PAYMENTS MADE UNDER THE 1944 ACT SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY SUCH LAW. IN OTHER WORDS, UNDER THE PROVISIONS OF THE LAWS CITED ABOVE, THE MAXIMUM AMOUNT THAT COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING-OUT PAY UPON DISCHARGE WAS 300 PESOS.

CLAIMS FOR MUSTERING-OUT PAY, HOWEVER, ARE SUBJECT TO THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940, WHICH BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOU STATE THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON FEBRUARY 2, 1946, THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED AND IT WAS NECESSARY THAT SUCH CLAIM BE RECEIVED IN THIS OFFICE ON OR BEFORE FEBRUARY 2, 1956, IN ORDER TO HAVE BEEN CONSIDERED BY THIS OFFICE. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL SEPTEMBER 18, 1967, MORE THAN 21 YEARS AFTER THE DATE OF YOUR DISCHARGE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE, THIS OFFICE MAY MAKE NO EXCEPTIONS TO THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. SINCE YOUR RIGHT, IF ANY, TO PAYMENT OF AN ADDITIONAL AMOUNT IN CONNECTION WITH YOUR ARMY SERVICE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE AND SINCE YOUR CLAIM WAS NOT RECEIVED UNTIL AFTER 10 FULL YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.