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B-170314, NOV. 6, 1970

B-170314 Nov 06, 1970
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MUST HAVE CLAIM BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A. TENDENILLA: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 9 AND AUGUST 12. IN THOSE LETTERS YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED. YOU WERE ADVISED IN OUR DECISION B-170314. THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944. THE MAXIMUM AMOUNT WHICH WAS PAYABLE UNDER THAT ACT WAS $300.

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B-170314, NOV. 6, 1970

MUSTERING-OUT PAY - PHILIPPINE SCOUT REAFFIRMING THAT FORMER PHILIPPINE SCOUT WHO FILED CLAIM FOR MUSTERING- OUT PAY ON JUNE 9, 1965, MORE THAN TEN YEARS AFTER DISCHARGE ON JANUARY 28, 1949, MUST HAVE CLAIM BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A.

TO MR. JULIAN V. TENDENILLA:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7, 1970, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 9 AND AUGUST 12, 1965. IN THOSE LETTERS YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED.

IN YOUR PRESENT LETTER YOU AGAIN REFER TO PUBLIC LAW 88-263. HOWEVER, YOU WERE ADVISED IN OUR DECISION B-170314, JULY 29, 1970, THAT 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.

YOU ENCLOSED WITH YOUR PRESENT LETTER A COPY OF YOUR LETTER TO THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, DATED APRIL 18, 1958, IN WHICH YOU CLAIMED AN ADDITIONAL $50 AS MUSTERING-OUT PAY. YOU CONTEND THAT WE SHOULD RECONSIDER YOUR CLAIM ON THE BASIS OF THAT LETTER.

ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691-691G (1946 ED.). THE MAXIMUM AMOUNT WHICH WAS PAYABLE UNDER THAT ACT WAS $300. IT WAS PROVIDED IN TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, THAT PAYMENTS OF MUSTERING OUT PAY TO PHILIPPINE SCOUTS UNDER THE 1944 ACT SHOULD BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR. SINCE IT APPEARS THAT THE RATE OF EXCHANGE ON CONVERSION FROM DOLLARS TO PESOS AT THE TIME OF YOUR DISCHARGE WAS TWO PESOS FOR EACH DOLLAR, IT APPEARS THAT YOU WERE ENTITLED TO 300 PESOS OR THE EQUIVALENT OF THAT AMOUNT, $150. PAYMENT OF ANY AMOUNT DUE COULD BE MADE ONLY IF A CLAIM THEREFOR WAS FILED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE) WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE ACT OF OCTOBER 9, 1940.

THE GENERAL ACCOUNTING OFFICE IS NEITHER A PART OF, NOR IS IT UNDER THE JURISDICTION OF, THE DEPARTMENT OF THE ARMY. YOUR LETTER OF APRIL 18, 1958, WAS ADDRESSED TO THE FINANCE CENTER, U. S. ARMY, AND SINCE IT WAS NOT RECEIVED IN OUR OFFICE, SUCH LETTER WAS WITHOUT EFFECT TO PREVENT THE 1940 ACT FROM BARRING THE PAYMENT OF YOUR CLAIM.

WE HAVE NO RECORD OF THE RECEIPT OF YOUR CLAIM FOR ADDITIONAL MUSTERING- OUT PAY PRIOR TO MAY 26, 1965. SINCE THAT IS MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE, JANUARY 28, 1949, THE DATE YOUR CLAIM FIRST ACCRUED, THE ACT OF OCTOBER 9, 1940, PRECLUDES OUR OFFICE FROM CONSIDERING YOUR CLAIM.

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