B-168196, NOV. 17, 1969

B-168196: Nov 17, 1969

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EUSEBIO DOMINGO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY THROUGH THE U.S. OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED FEBRUARY 15 AND MAY 31. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE ABOVE-QUOTED PROVISIONS OF LAW. IT APPEARS THAT YOU WERE DISCHARGED FROM THE ARMY ON MARCH 18. IS CLEAR. THAT IF THE BAR OF THE 1940 ACT WERE TO BE AVOIDED IN YOUR CASE. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE MARCH 18. YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON FEBRUARY 6.

B-168196, NOV. 17, 1969

TO MR. EUSEBIO DOMINGO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3, 1969, ADDRESSED TO THE VETERANS ADMINISTRATION, MANILA REGIONAL OFFICE, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY THROUGH THE U.S. ARMY FINANCE CENTER, AND RECEIVED HERE ON SEPTEMBER 4, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY IN 1947.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED FEBRUARY 15 AND MAY 31, 1961, 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).

CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE ABOVE-QUOTED PROVISIONS OF LAW, WHICH REQUIRE THAT EVERY CLAIM BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. THIS OFFICE MAY NEITHER WAIVE ANY OF THE PROVISIONS OF THAT ACT NOR GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IT APPEARS THAT YOU WERE DISCHARGED FROM THE ARMY ON MARCH 18, 1947. IS CLEAR, THEREFORE, THAT IF THE BAR OF THE 1940 ACT WERE TO BE AVOIDED IN YOUR CASE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE MARCH 18, 1957. YOUR CLAIM CONCERNING MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON FEBRUARY 6, 1961, MORE THAN 13 YEARS AFTER YOUR DISCHARGE.

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