B-167994, OCT. 17, 1969

B-167994: Oct 17, 1969

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NABONG: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12. OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30. IN EACH OF WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. WHILE THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU SERVED AS A PHILIPPINE SCOUT AFTER THAT DATE. ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944. THE MAXIMUM AMOUNT THAT COULD BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT UPON DISCHARGE WAS 300 PESOS ($150). ARE SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9.

B-167994, OCT. 17, 1969

TO MR. ANTONIO O. NABONG:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY AND RECEIVED HERE SEPTEMBER 3, 1969, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949.

OUR RECORDS SHOW THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30, 1964, FEBRUARY 18, 1965, AND NOVEMBER 29, 1967, IN EACH OF 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 READS 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 SETTLED AND ADJUSTED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

IN SUPPORT OF YOUR CLAIM YOU INVITE ATTENTION TO SECTION 14 OF THE ACT OF OCTOBER 5 (6), 1945, CH. 393, 59 STAT. 543, THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, AND CERTAIN ADMINISTRATIVE REGULATIONS, IN THE BELIEF THAT SUCH PROVISIONS AUTHORIZE THE PAYMENT OF YOUR CLAIM.

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 PERSONS IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINE ISLANDS AND CERTAIN AREAS OUTSIDE THE PHILIPPINES ON OR AFTER OCTOBER 6, 1945. WHILE THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU SERVED AS A PHILIPPINE SCOUT AFTER THAT DATE, IT DOES NOT IN ANY WAY REFER 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. 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 SERVED IN THE PHILIPPINE SCOUTS AFTER PASSAGE OF THE ACT OF OCTOBER 6, 1945, WITH PAYMENT TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 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 WAS 300 PESOS ($150).

CLAIMS FOR MUSTERING-OUT PAY, HOWEVER, ARE SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT SUCH CLAIMS BE RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE THE CLAIM FIRST ACCRUED. SINCE THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON APRIL 6, 1949, AND THAT YOU RECEIVED $50 MUSTERING-OUT PAY AT THAT TIME -- PRESUMABLY AN ADDITIONAL PAYMENT OF $50 WAS MADE AT A LATER DATE SINCE WD FORM 53 DATED APRIL 6, 1949, LISTED TOTAL ENTITLEMENT AS $100 -- ANY CLAIM YOU MAY HAVE HAD FOR ADDITIONAL MUSTERING-OUT PAY ACCRUED ON THAT DATE. HENCE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE APRIL 6, 1959, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. OUR FILE SHOWS THAT YOUR MUSTERING-OUT PAY CLAIM WAS FIRST RECEIVED HERE ON OCTOBER 7, 1964, MORE THAN 15 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.