B-169605, MAY 12, 1970

B-169605: May 12, 1970

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NUMERIANO MANANGAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. IT IS ASSUMED THAT YOU REFER TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE FOLLOWING WORLD WAR II. THE LAST REFERENCE TO WHICH WAS CONTAINED IN YOUR LETTER OF MAY 16. THAT LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY. YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER TO YOU FROM OUR CLAIMS DIVISION DATED SEPTEMBER 23. IN THAT LETTER YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. IT APPEARS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON APRIL 20.

B-169605, MAY 12, 1970

TO MR. NUMERIANO MANANGAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1969, IN WHICH YOU REFER TO "MY CLAIM IN BENEFITS" AND REQUEST THAT YOU BE ADVISED AS TO THE PRESENT STATUS OF SUCH CLAIM. IT IS ASSUMED THAT YOU REFER TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE FOLLOWING WORLD WAR II, THE LAST REFERENCE TO WHICH WAS CONTAINED IN YOUR LETTER OF MAY 16, 1958, TO THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA. THAT LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF A LETTER TO YOU FROM OUR CLAIMS DIVISION DATED SEPTEMBER 23, 1958. IN THAT LETTER YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE CITED ACT OF OCTOBER 9, 1940, BARS CONSIDERATION OF CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED IN THAT OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. IT APPEARS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON APRIL 20, 1947. ANY CLAIM THAT YOU HAD FOR MUSTERING-OUT PAY ACCRUED ON THAT DATE. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM BEFORE APRIL 20, 1957, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON NOVEMBER 12, 1957, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE, CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.