B-166561, APR. 17, 1969

B-166561: Apr 17, 1969

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IBAN: FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED NOVEMBER 27. WHICH WAS FORWARDED HERE FOR CONSIDERATION. FOR ADDITIONAL MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 2. 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 WERE ALSO ADVISED THAT THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT AND THEREFORE WE MAY MAKE NO EXCEPTION TO ITS PROVISIONS. IT IS NOTED THAT YOU CITED SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945.

B-166561, APR. 17, 1969

TO MR. CLEMENTE T. IBAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED NOVEMBER 27, 1968, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED HERE FOR CONSIDERATION, CONCERNING YOUR CLAIM FOR "EQUALIZATION OF BASE PAY" AND MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS FROM FEBRUARY 27, 1941, TO DECEMBER 8, 1945.

YOUR CLAIM DATED SEPTEMBER 11, 1967, FOR ADDITIONAL MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 2, 1968, AND BY LETTERS OF OUR CLAIMS DIVISION DATED JANUARY 22, 1968, AND JULY 31, 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 THE GENERAL ACCOUNTING OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT AND THEREFORE WE MAY MAKE NO EXCEPTION TO ITS PROVISIONS.

IT IS NOTED THAT YOU CITED 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 $3,600. 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. IT IS ASSUMED THAT YOU DID NOT ENLIST IN PHILIPPINE SCOUTS UNDER THAT ACT SINCE YOU WERE DISCHARGED FROM THE SERVICE ON DECEMBER 8, 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.

THE MUSTERING-OUT PAY TO WHICH YOU WERE ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.), SECTION 2 (A) (1) OF WHICH PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. 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 AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY LAW. IN OTHER WORDS, UNDER THE PROVISIONS OF LAW CITED ABOVE, THE MAXIMUM AMOUNT THAT COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING-OUT PAY UPON DISCHARGE WAS 300 PESOS. IF, AS YOU SAY, YOU RECEIVED $300 AS MUSTERING-OUT PAY, IT APPEARS THAT YOU RECEIVED DOUBLE THE MUSTERING OUT PAY TO WHICH YOU WERE ENTITLED, BASED ON RATE OF EXCHANGE IN EFFECT AT THAT TIME OF TWO PESOS FOR EACH DOLLAR.

ANY OTHER CLAIM YOU MAY HAVE INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS IS 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 DECEMBER 8, 1945, IT WAS NECESSARY THAT ANY CLAIM ARISING OUT OF YOUR MILITARY SERVICE BE RECEIVED IN THIS OFFICE ON OR BEFORE DECEMBER 8, 1955, IN ORDER TO HAVE BEEN CONSIDERED BY THIS OFFICE. YOUR CLAIM FOR ,EQUALIZATION" OF BASE PAY WAS NOT RECEIVED HERE UNTIL NOVEMBER 27, 1968, MORE THAN 22 YEARS AFTER THE DATE OF YOUR DISCHARGE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, IS 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 CLAIM FOR AN ADDITIONAL AMOUNT IN CONNECTION WITH YOUR SERVICE IN THE PHILIPPINE SCOUTS ACCRUED NOT LATER THAN THE DATE OF YOUR DISCHARGE AND SINCE SUCH CLAIM WAS NOT RECEIVED UNTIL AFTER 10 YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.