B-166959, JUN. 4, 1969

B-166959: Jun 4, 1969

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ESTRELLA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 8. WAS FORWARDED TO THIS OFFICE BY THE FINANCE CENTER. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN MARCH 1966 AND WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON MARCH 22. 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 YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE OF YOUR DISCHARGE AND SINCE THIS OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9. IT IS NOTED THAT YOU HAVE CITED SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945.

B-166959, JUN. 4, 1969

TO MR. NICANOR E. ESTRELLA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 8, 1968, AGAIN REQUESTING PAYMENT OF ,EQUALIZATION OF BASE PAY" AND MUSTERING OUT PAY INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS FROM MARCH 16, 1946, TO JANUARY 31, 1949. SUCH LETTER, TOGETHER WITH YOUR LETTER OF MARCH 24, 1969, CONCERNING THIS SAME MATTER, WAS FORWARDED TO THIS OFFICE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR APPROPRIATE ACTION.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN MARCH 1966 AND WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON MARCH 22, 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 LETTERS DATED AUGUST 2, 1966, AND APRIL 13, 1967, YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE OF YOUR DISCHARGE AND SINCE THIS OFFICE HAS BEEN GRANTED NO POWER OF DISPENSATION UNDER THE ACT OF OCTOBER 9, 1940, YOUR CLAIM MAY NOT BE CONSIDERED.

IT IS NOTED THAT YOU HAVE 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. WHILE THAT SECTION WAS THE AUTHORITY FOR YOUR ENLISTMENT FOR SERVICE IN THE PHILIPPINE SCOUTS, IT DID NOT IN ANY WAY REFER TO MUSTERING -OUT PAY.

CONCERNING "ACT. NO. 263-88 APPROVED SEPTEMBER 30, 1965," MENTIONED IN YOUR LETTER OF MARCH 24, 1969, YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88- 263, JANUARY 31, 1964, 78 STAT. 7, NOR ANY OF THE THREE ACTS APPROVED ON SEPTEMBER 30, 1965, HAVE ANYTHING TO DO WITH 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 IN ALASKA. SUBSECTION (B) PROVIDED FOR PAYMENT IN THREE EQUAL MONTHLY INSTALLMENTS, THE FIRST OF WHICH WAS TO BE PAID AT THE TIME OF DISCHARGE.

IN 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 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 WHICH COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING OUT PAY UPON DISCHARGE WAS 300 PESOS, NOT $3,600.

CLAIMS FOR MUSTERING-OUT PAY, AS WELL AS CLAIMS FOR AMOUNTS BELIEVED TO BE DUE AS EQUALIZATION OF BASE 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 DATE SUCH CLAIM FIRST ACCRUED. SINCE YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON JANUARY 31, 1949, THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED AND IT WAS NECESSARY THAT SUCH CLAIM BE RECEIVED IN THIS OFFICE ON OR BEFORE JANUARY 31, 1959, IN ORDER TO RECEIVE CONSIDERATION FOR PAYMENT. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL MARCH 1966 OR MORE THAN 17 YEARS AFTER THE DATE OF YOUR DISCHARGE.

WD AGO FORM 53, FILED WITH YOUR CLAIM, SHOWS THAT YOU WERE PAID $50 AS MUSTERING-OUT PAY AT THE TIME OF YOUR DISCHARGE. IF YOU WERE NOT PAID THE BALANCE DUE WITHIN TWO MONTHS THEREAFTER, YOU SHOULD HAVE BROUGHT THIS MATTER TO THE ATTENTION OF THE PROPER ARMY AUTHORITY OR THIS OFFICE AT THAT TIME.

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 EXCEPTION 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 MILITARY SERVICE 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.