B-166364, APR. 1, 1969

B-166364: Apr 1, 1969

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BATOON: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 11. WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 29. OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIMS 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 CLAIMS FIRST ACCRUED. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS. IT IS NOTED THAT YOU CITED IN SUPPORT OF YOUR CLAIM SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945.

B-166364, APR. 1, 1969

TO MR. MERCEDIO R. BATOON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 11, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM SERVICE IN THE ARMY OF THE UNITED STATES IN 1945.

YOUR CLAIM DATED JUNE 20, 1968, WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 29, 1968, AND BY LETTERS DATED AUGUST 22, 1968, AND NOVEMBER 21, 1968, OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIMS 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 CLAIMS FIRST ACCRUED. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ACT CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.

IT IS NOTED THAT YOU CITED IN SUPPORT OF YOUR CLAIM SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, CH. 393, 59 STAT. 543, WHICH YOU BELIEVE ENTITLES YOU TO MUSTERING-OUT PAY. 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 OR AFTER OCTOBER 6, 1945. IT IS ASSUMED THAT YOU DID NOT ENLIST IN THE PHILIPPINE SCOUTS UNDER THAT ACT SINCE YOU WERE DISCHARGED FROM THE SERVICE IN 1945 AND IT APPEARS THAT IT COULD NOT AFFECT YOUR CLAIM IN ANY EVENT SINCE IT DID NOT IN ANY WAY REFER TO MUSTERING-OUT PAY.

CLAIMS FOR MUSTERING-OUT PAY 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 TIME SUCH CLAIM FIRST ACCRUED. SINCE YOU WERE DISCHARGED FROM THE SERVICE IN 1945 THAT WAS WHEN YOUR CLAIM FIRST ACCRUED AND IT WAS NECESSARY THAT SUCH CLAIM BE RECEIVED IN THIS OFFICE ON OR BEFORE THE ANNIVERSARY OF YOUR DISCHARGE IN 1955 IN ORDER TO HAVE BEEN CONSIDERED BY THIS OFFICE. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JULY 29, 1968, OR APPROXIMATELY 23 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. THE LAW IS EQUALLY APPLICABLE TO ALL INDIVIDUALS AND IS NOT DISCRIMINATORY. 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, ACCRUED NOT 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.