B-168613, JAN. 13, 1970

B-168613, JAN. 13, 1970

MILITARY--MUSTERING-OUT PAY--WORLD WAR II DECISION TO CLAIMANT WHO CLAIMS MUSTERING-OUT PAY FOR MILITARY SERVICE IN WORLD WAR II. IF AS RECORD INDICATES SERVICE WAS PERFORMED AS MEMBER OF PHILIPPINE CONSTABULARY NO RIGHT TO MUSTERING-OUT PAY ACCRUED. IF CLAIMANT BELIEVES HE IS ENTITLED TO PAY AS MEMBER OF PHILIPPINE ARMED SERVICES CLAIM IS FOR SUBMISSION TO PHILIPPINE GOVERNMENT.

TO MR. FRANCISCO A. DIONISIO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 7, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 21, 1968, AND JANUARY 23, 1969, 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 * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *."

IN SUPPORT OF YOUR CLAIM FOR MUSTERING-OUT PAY, YOU CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER THE PROVISIONS OF ACT NO. 263 OF THE 88TH CONGRESS DATED 9 JANUARY 1963 APPROVED ON SEPTEMBER 30, 1965" AND YOU ALSO REFER TO THE PROVISIONS OF "311-322 OF T.M. 502 MUSTERING OUTPAY LAW." APPLICABLE REGULATIONS ISSUED BY THE DEPARTMENT OF THE ARMY UNDER AUTHORITY OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), ARE CONTAINED IN PARAGRAPHS 313-322, T.M. 14-502.

NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964), NOR ANY LAW ENACTED ON SEPTEMBER 30, 1965, IN ANY WAY RELATES TO MUSTERING-OUT PAY. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9, 1963.

THE MUSTERING-OUT PAYMENT ACT OF 1944 AUTHORIZED THE PAYMENT OF MUSTERING -OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE DURING WORLD WAR II. SECTION 6 (A) OF THAT ACT DEFINED THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN---

"* * * ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS * * *."

WHILE YOU MENTION THE PHILIPPINE SCOUTS AND THE USAFFE, CORRESPONDENCE FROM YOU INDICATES THAT THE SERVICE YOU PERFORMED MAY NOT HAVE BEEN AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE BUT RATHER AS A MEMBER OF THE PHILIPPINE CONSTABULARY. SHOULD THAT BE CORRECT, IT WOULD APPEAR THAT NO RIGHT TO MUSTERING-OUT PAY WOULD HAVE ACCRUED TO YOU UNDER ANY OF THE PROVISIONS OF LAW RELATING TO THAT PAY. WE ARE NOT AWARE OF ANY LAW UNDER WHICH MEMBERS OF THE PHILIPPINE CONSTABULARY SERVING WITH THE USAFFE WERE ENTITLED TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT. IF YOU SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, PAYMENT OF YOUR CLAIM IS BARRED BY THE 1940 ACT.

FUNDS FOR PAYMENT OF ITEMS OF PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES SERVING IN WORLD WAR II WERE APPROPRIATED BY THE UNITED STATES GOVERNMENT AND TRANSFERRED TO THE PHILIPPINE GOVERNMENT FOR PAYMENT. IN THIS CONNECTION AN AGREEMENT BY THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS" BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDED FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMED FORCES AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEARED ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF MARCH 1948.

IF YOU BELIEVE YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE MENTIONED FUNDS, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT. THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.