B-167128, JUL. 10, 1969

B-167128: Jul 10, 1969

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CASTILLO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 9. YOUR LETTER WAS REFERRED HERE FOR APPROPRIATE ACTION BY THE FINANCE CENTER. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN APRIL 1953. REPORTED THAT YOU WERE DUE $100 MUSTERING-OUT PAY FOR YOUR SERVICE FROM FEBRUARY 15. OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT SINCE YOU ENLISTED AND WERE DISCHARGED PRIOR TO THE EFFECTIVE DATE OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945. THERE WAS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. YOU HAVE AGAIN CLAIMED MUSTERING-OUT PAY AND CITED IN SUPPORT THEREOF SECTION 14 OF THE 1945 ACT AND CERTAIN REGULATIONS (APPARENTLY PARAGRAPHS 311-322.

B-167128, JUL. 10, 1969

TO MR. ALBERTO R. CASTILLO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 9, 1968, AGAIN REQUESTING MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE AS A PHILIPPINE SCOUT ON AUGUST 21, 1945. YOUR LETTER WAS REFERRED HERE FOR APPROPRIATE ACTION BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN APRIL 1953. WHILE ON APRIL 1, 1954, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, REPORTED THAT YOU WERE DUE $100 MUSTERING-OUT PAY FOR YOUR SERVICE FROM FEBRUARY 15, 1941, TO AUGUST 21, 1945, BY SETTLEMENT DATED SEPTEMBER 2, 1954, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT SINCE YOU ENLISTED AND WERE DISCHARGED PRIOR TO THE EFFECTIVE DATE OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, CH. 393, 59 STAT. 538, THERE WAS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

YOU HAVE AGAIN CLAIMED MUSTERING-OUT PAY AND CITED IN SUPPORT THEREOF SECTION 14 OF THE 1945 ACT AND CERTAIN REGULATIONS (APPARENTLY PARAGRAPHS 311-322, TM 14-502, AUGUST 1946) WHICH YOU BELIEVE ENTITLE YOU TO PAYMENT IN THE AMOUNT OF $3,600.

SECTION 14 OF THE 1945 ACT DOES NOT PERTAIN TO 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. SINCE YOU WERE DISCHARGED ON AUGUST 21, 1945, IT COULD HAVE NO BEARING ON YOUR CLAIM IN ANY EVENT.

MUSTERING-OUT PAY WAS AUTHORIZED BY 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 AND WHO SERVED 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. 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.

HOWEVER, SINCE SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PROVIDED THAT PAY AND ALLOWANCES OF WHATEVER NATURE OR KIND TO BE AUTHORIZED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SINCE THE SECRETARY DID NOT FIX A RATE OF MUSTERING- OUT PAY FOR PAYMENT TO MEMBERS OF THE PHILIPPINE SCOUTS, NO AUTHORIZATION EXISTED FOR THE PAYMENT OF MUSTERING-OUT PAY TO PHILIPPINE SCOUTS WHO ENLISTED PRIOR TO OCTOBER 6, 1945. ACCORDINGLY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF SEPTEMBER 2, 1954, IS SUSTAINED.