B-166891, JUN. 4, 1969

B-166891: Jun 4, 1969

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MALABARBAS: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED FEBRUARY 5. YOUR LETTERS WERE REFERRED HERE BY THE FINANCE CENTER. THE CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 7. WAS RETURNED TO YOU UNDER DATE OF OCTOBER 24. WHICH FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES THAT IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT SINCE MORE THAN 10 YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM FIRST ACCRUED. THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE. CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THE 1940 ACT AND THAT EVEN THOUGH YOU WERE NOT ACQUAINTED WITH THE PROVISIONS OF THAT ACT.

B-166891, JUN. 4, 1969

TO MR. JULIAN D. MALABARBAS:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED FEBRUARY 5, 1969, AGAIN REQUESTING PAYMENT OF MUSTERING-OUT PAY IN THE AMOUNT OF $300 AND CLAIMING "EQUALIZATION OF BASE PAY" AND MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 INCIDENT TO YOUR SERVICE IN THE USAFFE DURING THE PERIOD FROM DECEMBER 14, 1941, TO JANUARY 5, 1946. YOUR LETTERS WERE REFERRED HERE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR APPROPRIATE ACTION.

THE CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $300 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 7, 1966, AND WAS RETURNED TO YOU UNDER DATE OF OCTOBER 24, 1966, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES THAT IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

BY LETTER DATED JANUARY 30, 1967, YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT SINCE MORE THAN 10 YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM FIRST ACCRUED, JANUARY 5, 1946, AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE, OCTOBER 7, 1966, CONSIDERATION THEREOF IS BARRED BY THE PROVISIONS OF THE 1940 ACT AND THAT EVEN THOUGH YOU WERE NOT ACQUAINTED WITH THE PROVISIONS OF THAT ACT, THIS OFFICE MAY MAKE NO EXCEPTION TO THE PROVISIONS OF THE STATUTE.

IT IS NOTED THAT YOU NOW 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 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. 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. THERE IS NOTHING IN THE RECORDS BEFORE THIS OFFICE WHICH INDICATES THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE 1945 ACT AND IT HAD NO BEARING ON YOUR CASE.

YOU ALSO CITED "ACT. 263-88 CONGRESS DATED JANUARY 9, 1963 AND APPROVED ON SEPTEMBER 30, 1965.' WE CANNOT IDENTIFY THE LAW TO WHICH YOU REFER SINCE PUBLIC LAW 88-263 WAS APPROVED JANUARY 31, 1964 (78 STAT. 7), NO PUBLIC LAWS ENACTED DURING THE FIRST SESSION OF THE 88TH CONGRESS WERE APPROVED PRIOR TO MARCH 6, 1963, AND OF THE THREE ACTS APPROVED ON SEPTEMBER 30, 1965, DURING THE FIRST SESSION OF THE 89TH CONGRESS, NONE REFERRED 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) (6) 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 IN 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 AND ANY OTHER CLAIM YOU MAY HAVE FOR ADDITIONAL PAY INCIDENT TO YOUR MILITARY SERVICE ARE SUBJECT TO THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940, WHICH BARS EVERY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOU STATE YOU WERE DISCHARGED ON JANUARY 5, 1946, IT WAS NECESSARY THAT ANY CLAIM ARISING OUT OF YOUR MILITARY SERVICE BE RECEIVED IN THIS OFFICE ON OR BEFORE JANUARY 5, 1956, IN ORDER TO BE CONSIDERED BY THIS OFFICE. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL OCTOBER 7, 1966, MORE THAN 20 YEARS AFTER THE DATE OF YOUR DISCHARGE.

THE PRIMARY PURPOSE OF THE OCTOBER 9, 1940, ACT 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 EXCEPTION 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 MILITARY SERVICE 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.