B-167707, SEP 17, 1969

B-167707: Sep 17, 1969

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CLAIM IS BARRED UNDER ACT OF OCT. 9. TASIN: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 13. WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON FEBRUARY 2. YOU WERE ADVISED THAT THE ACT OF OCTOBER 9. YOU WERE ADVISED FURTHER IN THE LETTER OF APRIL 7. THAT SINCE YOUR CLAIM WAS FIRST RECEIVED ON JANUARY 13. WHICH WAS MORE THAN 10 FULL YEARS FROM THE DATE OF YOUR DISCHARGE. CONSIDERATION THEREOF WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. STATE THAT YOU WERE ADVISED THAT THE ACT OF OCTOBER 9. WAS AMENDED WITH RESPECT TO THOSE PHILIPPINE SCOUTS WHO HAD JOINED THE UNITED STATES ARMY FORCES FAR EAST AND WHO WERE ENTITLED TO RECEIVE MUSTERING-OUT PAY.

B-167707, SEP 17, 1969

MILITARY - MUSTERING-OUT PAY - PHILIPPINE SCOUT DECISION TO CLAIMANT FURNISHING INFORMATION CONCERNING CLAIM FOR MUSTERING-OUT PAY UPON DISCHARGE FROM ACTIVE SERVICE ON MARCH 14, 1949, AS MEMBER OF PHILIPPINE SCOUTS. CLAIM IS BARRED UNDER ACT OF OCT. 9, 1940, 31 U.S.C. 71A.

PEDRO T. TASIN:

REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU UPON DISCHARGE FROM ACTIVE SERVICE ON MARCH 14, 1949, AS A MEMBER OF THE PHILIPPINE SCOUTS, ARMY OF THE UNITED STATES.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 13, 1960, AND WAS RETURNED TO YOU BY OUR CLAIMS DIVISION ON FEBRUARY 2, 1960, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

BY LETTER DATED APRIL 7, 1960, YOU WERE ADVISED THAT THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, AS AMENDED, BARS CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, IF NOT RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, WITH CERTAIN EXCEPTIONS RELATIVE TO MILITARY SERVICE. THE ACT FURTHER PROVIDES THAT WHEN ANY CLAIM SO BARRED SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT WITH A COPY OF THE ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.

YOU WERE ADVISED FURTHER IN THE LETTER OF APRIL 7, 1960, THAT SINCE YOUR CLAIM WAS FIRST RECEIVED ON JANUARY 13, 1960, WHICH WAS MORE THAN 10 FULL YEARS FROM THE DATE OF YOUR DISCHARGE, MARCH 14, 1949, CONSIDERATION THEREOF WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

IN YOUR LETTER DATED JULY 21, 1969, YOU REFER TO OFFICE LETTER OF APRIL 7, 1960, AND STATE THAT YOU WERE ADVISED THAT THE ACT OF OCTOBER 9, 1940, WAS AMENDED WITH RESPECT TO THOSE PHILIPPINE SCOUTS WHO HAD JOINED THE UNITED STATES ARMY FORCES FAR EAST AND WHO WERE ENTITLED TO RECEIVE MUSTERING-OUT PAY.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, ANOTHER COPY OF WHICH IS ENCLOSED, PROVIDES IN SECTION 1 THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL SERVICES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. INASMUCH AS PEACE WAS ESTABLISHED ON JULY 28, 1947, YOUR CLAIM, WHICH ACCRUED ON MARCH 14, 1949, WAS NOT AFFECTED BY THAT PROVISION.

SECTION 205 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, AS AMENDED, 50 U.S.C. APP. 525, MODIFIED THE ACT OF OCTOBER 9, 1940 BY PROVIDING THAT THE PERIOD OF MILITARY SERVICE SHALL NOT BE INCLUDED IN COMPUTING ANY PERIOD LIMITED BY ANY LAW FOR THE BRINGING OF ANY ACTION BY OR AGAINST ANY PERSON IN MILITARY SERVICE. SINCE YOU PERFORMED NO MILITARY SERVICE AFTER YOUR DISCHARGE ON MARCH 14, 1949, THAT PROVISION ALSO DID NOT AFFECT THE RUNNING OF THE 10-YEAR LIMITATION PERIOD OF THE ACT OF OCTOBER 9, 1940. WE ARE NOT AWARE OF ANY OTHER STATUTORY PROVISION WHICH MAY BE VIEWED AS EXTENDING THAT PERIOD IN YOUR CASE.

ACCORDINGLY, THE SOLE PROVISION OF LAW WHICH GOVERNS THE DISPOSITION OF YOUR CLAIM FOR MUSTERING-OUT PAY IS THE ACT OF OCTOBER 9, 1940. YOUR CLAIM ACCRUED ON MARCH 14, 1949, AND COULD HAVE BEEN CONSIDERED ON ITS MERITS ONLY IF THIS OFFICE HAD RECEIVED THE CLAIM PRIOR TO MARCH 14, 1960, OUR CLAIMS DIVISION HAD NO ALTERNATIVE UNDER THE LAW BUT TO ADVISE YOU THAT CONSIDERATION THEREOF WAS BARRED. ACCORDINGLY, THERE IS NO FURTHER ACTION WE MAY TAKE ON YOUR CLAIM.