B-169134, MAR. 16, 1970

B-169134: Mar 16, 1970

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GAUDENCIO LACAMBRA: REFERENCE IS MADE TO YOUR LETTER DATED JULY 21. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED AUGUST 22. IN WHICH YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER THAT CLAIM SINCE THE ACT OF OCTOBER 9. YOUR CLAIM WAS RECEIVED HERE ON JULY 16. YOU NOW CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER THE PROVISIONS OF ACT. WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER. NEITHER PUBLIC LAW 88-265 (WHICH WAS APPROVED FEBRUARY 5. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9. THE PROVISIONS OF LAW GOVERNING MUSTERING-OUT PAY AT THE TIME YOU WERE DISCHARGED FROM MILITARY SERVICE.

B-169134, MAR. 16, 1970

TO MR. GAUDENCIO LACAMBRA:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 21, 1969, ADDRESSED TO THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES IN 1946. THERE HAS ALSO BEEN RECEIVED YOUR LETTER DATED NOVEMBER 3, 1969, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR NONRECEIPT OF A PARTIAL PAYMENT OF YOUR ACTIVE DUTY PAY AND ALLOWANCES FOR THE MONTH OF MARCH 1945.

OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED AUGUST 22, 1962, IN WHICH YOU WERE ADVISED THAT WE ARE WITHOUT AUTHORITY TO CONSIDER THAT CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOUR CLAIM WAS RECEIVED HERE ON JULY 16, 1962, MORE THAN 16 YEARS AFTER THE DATE OF YOUR DISCHARGE.

IN SUPPORT OF YOUR CLAIM FOR MUSTERING-OUT PAY, YOU NOW CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER THE PROVISIONS OF ACT. NO. 265 OF THE 88TH CONGRESS DATED 9 JANUARY 1963 APPROVED SEPTEMBER 30, 1965" AND YOU ALSO REFER TO THE PROVISIONS OF "311-322 OF T.M. 502 MASTERING OUTPAY LAW."

WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER. NEITHER PUBLIC LAW 88-265 (WHICH WAS APPROVED FEBRUARY 5, 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 PROVISIONS OF LAW GOVERNING MUSTERING-OUT PAY AT THE TIME YOU WERE DISCHARGED FROM MILITARY SERVICE, WERE CONTAINED IN THE MUSTERING OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), APPLICABLE REGULATIONS RELATING TO WHICH ARE CONTAINED IN PARAGRAPHS 313-322, T.M. 14-502. SECTION 2 (A) (1) OF THE 1944 ACT AUTHORIZED THE PAYMENT OF MUSTERING-OUT PAY IN THE MAXIMUM AMOUNT OF $300 TO PERSONS WHO ENGAGED IN ACTIVE SERVICE IN THE ARMED FORCES OF THE UNITED STATES FOR 60 DAYS OR MORE AND WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.

ASIDE FROM THE APPLICATION OF THE 1940 BARRING ACT TO YOUR CLAIM FOR MUSTERING-OUT PAY, OUR FILE CONTAINS A LETTER FROM YOU POSTMARKED JULY 13, 1951, ADDRESSED TO THE U.S. ARMY FINANCE OFFICE, WASHINGTON, D.C; IN WHICH YOU INDICATE THAT YOU RECEIVED $300 AT THE TIME OF YOUR DISCHARGE FROM YOUR THEN ENLISTMENT ON JUNE 30, 1946. PRESUMABLY, SUCH PAYMENT WAS PAID TO YOU AS MUSTERING-OUT PAY.

WITH RESPECT TO YOUR CLAIM FOR $60 REPRESENTING A PARTIAL PAYMENT WHICH YOU SAY YOU SHOULD HAVE RECEIVED IN MARCH 1945 WHILE SERVING AS A MEMBER OF THE PHILIPPINE SCOUTS, A REVIEW OF OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED MAY 2, 1969, WITH ENCLOSURE, ADVISING YOU THAT THE PAY RECORDS FOR THE MONTH IN QUESTION SHOW A PARTIAL PAYMENT OF $60 AND YOUR SIGNATURE ACKNOWLEDGING RECEIPT OF THAT PAYMENT.

YOU NOW STATE THAT YOU RECOGNIZE THE SIGNATURE AS IT APPEARED IN THE ENCLOSURE WITH THE MAY 2, 1969, LETTER, BUT INDICATE THAT YOU CANNOT REMEMBER HAVING RECEIVED $60 AT THAT TIME AND AS A RESULT, EXPRESS DOUBT THAT THE MATERIAL SUBMITTED TO YOU IS ACTUALLY A COPY OF A VOUCHER PAGE FROM THAT PAYROLL.

THE PAPERS IN QUESTION ARE COPIES OF OFFICIAL ARMY DOCUMENTS PERTAINING TO PAY ACCOUNTS AND YOUR STATEMENT RECOGNIZING THE SIGNATURE THEREON AS YOUR OWN, SUPPORTS THE CONCLUSION THAT YOU DID IN FACT RECEIVE THE PAYMENT IN QUESTION.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF EITHER OF YOUR CLAIMS AND THE ACTIONS HERETOFORE TAKEN IN THESE MATTERS BY OUR CLAIMS DIVISION ARE SUSTAINED.