B-168217, NOV. 19, 1969

B-168217: Nov 19, 1969

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FLABIANO LIMPIOS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 24. OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9. FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THAT LAW CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.

B-168217, NOV. 19, 1969

TO MR. FLABIANO LIMPIOS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16, 1969, RECEIVED HERE SEPTEMBER 4, 1969, BY REFERENCE FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING OUT PAY IN THE AMOUNT OF $3,600 BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE USAFFE IN MARCH 1946.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 24, 1968, AND BY LETTERS DATED JULY 11, 1968, AND OCTOBER 15, 1968, OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, FOREVER BARS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ALSO ADVISED THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THAT LAW CONSTITUTES NO LEGAL BASIS UPON WHICH THIS OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM SINCE THE 1940 ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.

SECTION 305 OF THE BUDGET AND ACCOUNTING ACT, 1921, APPROVED JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT "ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT * * * SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

IT IS NOTED THAT YOU CITED SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 5 (6), 1946, CH. 393, 59 STAT. 543, AND CERTAIN REGULATIONS (APPARENTLY PARAGRAPHS 311-322, TM 14-502, AUGUST 1946) WHICH YOU BELIEVE ENTITLE YOU TO MUSTERING-OUT PAY IN THE AMOUNT OF $3,600. 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 MEN IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINE ISLANDS AND CERTAIN AREAS OUTSIDE THE PHILIPPINES ON AND AFTER OCTOBER 6, 1945. WHILE THAT SECTION CONTAINS AUTHORITY FOR ENLISTMENT FOR SERVICE IN THE PHILIPPINE SCOUTS, IT DID NOT REFER TO MUSTERING-OUT PAY. THERE IS NOTHING IN THE RECORDS BEFORE THIS OFFICE WHICH INDICATES THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE 1945 ACT AND IT HAS NO BEARING ON YOUR CASE.

YOU ALSO CITED "ACT NO. 263 OF THE 88TH CONGRESS, DATED 9 JANUARY 1965, APPROVED SEPTEMBER 30, 1965.' WE CANNOT IDENTIFY THE LAW TO WHICH YOU REFER. PUBLIC LAW 88-263 WAS APPROVED JANUARY 31, 1964 (78 STAT. 7). PUBLIC LAWS ENACTED DURING THE FIRST SESSION OF THE 89TH CONGRESS WERE APPROVED PRIOR TO JANUARY 13, 1965, AND NEITHER OF THE THREE ACTS APPROVED SEPTEMBER 30, 1965, NOR PUBLIC LAW 88-263 REFERRED 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 PAYMENT OF A MAXIMUM OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. CONNECTION WITH THAT 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 UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, AND THAT PAYMENTS MADE UNDER THE 1944 ACT SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY SUCH LAW. IN OTHER WORDS, UNDER THE PROVISIONS OF THE LAWS CITED ABOVE, THE MAXIMUM AMOUNT THAT COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING-OUT PAY UPON DISCHARGE WAS 300 PESOS.

CLAIMS FOR MUSTERING-OUT PAY AND ANY OTHER CLAIMS FOR ADDITIONAL PAY INCIDENT TO YOUR MILITARY SERVICE ARE SUBJECT TO THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940, WHICH BARS EVERY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOU STATE THAT YOU WERE DISCHARGED IN MARCH 1946, IT WAS NECESSARY THAT ANY CLAIM ARISING OUT OF YOUR MILITARY SERVICE BE RECEIVED IN THIS OFFICE IN OR BEFORE MARCH 1956 IN ORDER TO BE CONSIDERED BY US. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL JUNE 24, 1968, MORE THAN 22 YEARS AFTER THE DATE OF YOUR DISCHARGE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, IS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE THIS OFFICE MAY MAKE NO EXCEPTION TO THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. SINCE CLAIM FOR AN ADDITIONAL AMOUNT IN CONNECTION WITH YOUR MILITARY SERVICE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE AND SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL AFTER THE EXPIRATION OF 10 YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.