B-171118, NOV. 12, 1970
Highlights
MUSTERING-OUT PAY SUSTAINING DISALLOWANCE OF ADDITIONAL CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE OF PHILIPPINE SCOUT FROM MILITARY SERVICE IN 1946 WHICH CLAIM WAS NOT RECEIVED IN GAO UNTIL MARCH 30. CEFERINO VILLADOLID: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14. IT IS ASSUMED THAT YOU ARE REFERRING TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1946. THE LAST REFERENCE TO WHICH WAS CONTAINED IN YOUR LETTER OF NOVEMBER 14. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 1. IN THOSE LETTERS 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.
B-171118, NOV. 12, 1970
MUSTERING-OUT PAY SUSTAINING DISALLOWANCE OF ADDITIONAL CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE OF PHILIPPINE SCOUT FROM MILITARY SERVICE IN 1946 WHICH CLAIM WAS NOT RECEIVED IN GAO UNTIL MARCH 30, 1966, WHEN FORMER MEMBER ADVISED GAO THAT HE HAS RECEIVED A $300 PAYMENT OF MUSTERING-OUT PAY.
TO MR. CEFERINO VILLADOLID:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14, 1969, IN WHICH YOU REQUEST INFORMATION REGARDING MUSTERING-OUT PAY FOR MEMBERS OF THE PHILIPPINE SCOUTS WHO SERVED IN WORLD WAR II. IT IS ASSUMED THAT YOU ARE REFERRING TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1946, THE LAST REFERENCE TO WHICH WAS CONTAINED IN YOUR LETTER OF NOVEMBER 14, 1966, TO OUR CLAIMS DIVISION.
THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 1, 1966, AND DECEMBER 9, 1966. IN THOSE LETTERS 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.
IN YOUR LETTER OF NOVEMBER 14, 1966, YOU CLAIMED ENTITLEMENT TO $3,600 AS MUSTERING-OUT PAY AND IN YOUR LETTER OF MAY 30, 1966, YOU STATED THAT YOU HAVE RECEIVED $300 AS MUSTERING-OUT PAY.
WE FIND NO STATUTORY AUTHORITY FOR THE PAYMENT OF $3,600 AS MUSTERING OUT PAY TO MEMBERS OF THE ARMED FORCES, INCLUDING PHILIPPINE SCOUTS. SECTION 2(A)(1) OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.), PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO OTHERWISE ELIGIBLE PERSONS WHO SERVED 60 DAYS OR MORE AND WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. SECTION 3 OF THAT ACT ALSO PROVIDED:
"THAT NO MEMBER OF THE ARMED FORCES SHALL RECEIVE MUSTERING-OUT PAYMENT UNDER THIS ACT MORE THAN ONCE, AND SUCH PAYMENT SHALL ACCRUE AND THE AMOUNT THEREOF SHALL BE COMPUTED AS OF THE TIME OF DISCHARGE FOR THE PURPOSE OF EFFECTING A PERMANENT SEPARATION FROM THE SERVICE OR OF ULTIMATE RELIEF FROM ACTIVE SERVICE. *** "
SINCE YOU HAVE STATED THAT YOU RECEIVED $300 AS MUSTERING-OUT PAY, NO FURTHER SUM IS DUE OR COULD BE PAID TO YOU EVEN IF YOU HAD FILED A TIMELY CLAIM THEREFOR. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.