B-168632, JAN. 14, 1970

B-168632: Jan 14, 1970

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IS BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A. CATALIG: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 19. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY AND WAS RECEIVED HERE ON SEPTEMBER 8. YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION TO YOU DATED OCTOBER 21. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM IS BARRED. YOU WERE ADVISED ALSO THAT ALTHOUGH YOU MAY HAVE FILED A CLAIM AT AN EARLIER DATE WITH SOME OTHER AGENCY OF THE GOVERNMENT. BARS CONSIDERATION THEREOF BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT. YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH CONGRESS DATED JANUARY 9.

B-168632, JAN. 14, 1970

MILITARY--MUSTERING-OUT PAY--WORLD WAR II SERVICE DECISION TO CLAIMANT ADVISING THAT CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE ON JUNE 26, 1946, AND RECEIVED IN GAO SEPTEMBER 8, 1969, IS BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A.

TO MR. TRANQUILINO M. CATALIG:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1946. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY AND WAS RECEIVED HERE ON SEPTEMBER 8, 1969.

YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION TO YOU DATED OCTOBER 21, 1968, AND FEBRUARY 20, 1969, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM IS BARRED. IN THE LETTER OF FEBRUARY 20, 1969, YOU WERE ADVISED ALSO THAT ALTHOUGH YOU MAY HAVE FILED A CLAIM AT AN EARLIER DATE WITH SOME OTHER AGENCY OF THE GOVERNMENT, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION THEREOF BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH CONGRESS DATED JANUARY 9, 1963 APPROVED SEPTEMBER 30, 1965." WE CANNOT IDENTIFY THE LAW TO WHICH YOU REFER. 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.

YOU ALSO REFER TO "THE PROVISIONS OF 311-322 OF T.N. 502, MASTERING OUT PAY LAW." PRESUMABLY, YOU HAVE REFERENCE TO T.M. 14-502, CHAPTER 10, SECTION V, MUSTERING-OUT PAYMENTS, WHICH RELATES TO PAYMENTS UNDER 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 THAT ACT PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO OTHERWISE QUALIFIED PERSONS WHO SERVED 60 DAYS OR MORE AND SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. HOWEVER, IF YOU WERE ENTITLED TO MUSTERING-OUT PAY UNDER THAT ACT, CLAIM THEREFOR WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT, WHICH BARS CONSIDERATION OF EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOU STATE THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON JUNE 26, 1946. HENCE, IN ORDER TO AVOID THE BAR OF THE 1940 ACT IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JUNE 26, 1956. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON AUGUST 26, 1968, MORE THAN 22 YEARS AFTER YOUR DISCHARGE, THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.