B-167468, JUL. 29, 1969

B-167468: Jul 29, 1969

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QUILINGUEN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED MARCH 29. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. YOU NOW CONTEND THAT YOU WERE UNAWARE OF THE 1940 ACT AND THAT SINCE YOU WERE NEVER PROVIDED WITH NOTICE OF ITS PROVISIONS. ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944. PAYMENTS WERE TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT. WAS 300 PESOS. IT APPEARS THAT THE RATE OF EXCHANGE ON THE CONVERSION FROM DOLLARS TO PESOS AT THAT TIME WAS TWO PESOS FOR EACH DOLLAR.

B-167468, JUL. 29, 1969

MILITARY - MUSTERING-OUT PAY - PHILIPPINE SCOUT - BARRED CLAIM DECISION DENYING CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM PHILIPPINE SCOUTS IN 1949 IN ACCORDANCE WITH THE BARRED ACT, 31 U.S.C. 71A.

TO MR. FEDENCIO K. QUILINGUEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16, 1969, IN EFFECT REQUESTING REVIEW OF THE ACTION HERETOFORE TAKEN ON YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949.

OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED MARCH 29, 1968, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE ADJUSTED AND SETTLED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

YOU NOW CONTEND THAT YOU WERE UNAWARE OF THE 1940 ACT AND THAT SINCE YOU WERE NEVER PROVIDED WITH NOTICE OF ITS PROVISIONS, WE SHOULD GIVE CONSIDERATION TO YOUR CLAIM.

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. 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. CONNECTION WITH THIS 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 ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE ACT OF OCTOBER 6, 1945, BUT PAYMENTS WERE TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT.

IN OTHER WORDS, UNDER THE PROVISIONS OF THOSE LAWS, THE MAXIMUM AMOUNT THAT COULD BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT UPON DISCHARGE, EVEN THOUGH HE SERVED 60 DAYS OR MORE INCLUDING SERVICE OUTSIDE THE PHILIPPINES SUBSEQUENT TO OCTOBER 6, 1945, WAS 300 PESOS. THE 1946 ACT ALSO PROVIDED THAT IN COMPUTING PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES.

IT APPEARS THAT THE RATE OF EXCHANGE ON THE CONVERSION FROM DOLLARS TO PESOS AT THAT TIME WAS TWO PESOS FOR EACH DOLLAR. IN YOUR LETTER OF SEPTEMBER 4, 1967, YOU STATE THAT YOU RECEIVED $100 (THE EQUIVALENT OF 200 PESOS) AS MUSTERING-OUT PAY. IF YOU PERFORMED NO SERVICE OUTSIDE OF THE PHILIPPINE ISLANDS, YOU HAVE BEEN PAID THE FULL AMOUNT TO WHICH YOU WERE ENTITLED. IF YOU HAD A VALID CLAIM FOR AN ADDITIONAL 100 PESOS FOR SERVICE PERFORMED OUTSIDE THE PHILIPPINE ISLANDS, SUCH CLAIM ACCRUED NO LATER THAN YOUR DATE OF DISCHARGE ON FEBRUARY 7, 1949. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE FEBRUARY 7, 1959, THE 10TH ANNIVERSARY OF YOUR DISCHARGE. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS RECEIVED HERE SEVERAL YEARS AFTER THE LATTER DATE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.