B-171159, DEC 3, 1970

B-171159: Dec 3, 1970

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CLAIM IS BARRED BY THE ACT OF OCTOBER 9. VARONA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 30. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER IN THE PROVISION OF AN ACT 263-88 CONGRESS DATED JAN. 1963: AND WAS APPROVED ON SEPTEMBER 30. WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER.

B-171159, DEC 3, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY INCIDENT TO SERVICE WITH THE USAFFE DURING WORLD WAR II. CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A SINCE CLAIM DID NOT REACH GAO WITHIN THE 10 YEARS PROVIDED FOR BY THE STATUTE.

TO MR. AGUSTIN Y. VARONA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR "EQUALIZATION OF BASE PAY" AND MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1946. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 30, 1960, AND NOVEMBER 15, 1960. 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 DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER IN THE PROVISION OF AN ACT 263-88 CONGRESS DATED JAN, 9, 1963: AND WAS APPROVED ON SEPTEMBER 30, 1965." WE ARE UNABLE TO 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 PROVISION OF 311-322 T.M. 502, MUSTERING OUT PAY LAW." PRESUMABLY, YOU HAVE REFERENCE TO SECTION V, CHAPTER 10, T.M. 14- 502, WHICH CONTAINS REGULATIONS RELATING TO MUSTERING-OUT 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 OR ANY OTHER PAY INCIDENT TO YOUR MILITARY SERVICE DURING WORLD WAR II, CLAIM THEREFOR, LIKE OTHER CLAIMS FOR MUSTERING-OUT PAY, OR ARREARS OF PAY, 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.

THE MUSTERING-OUT PAYMENT ACT OF 1944 AUTHORIZED THE PAYMENT OF MUSTERING -OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE FOR VARIOUS PERIODS OF TIME DURING WORLD WAR II. SECTION 6(A) OF THAT ACT DEFINED THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN-

" *** ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS*** ."

WHILE YOU MENTION THE USAFFE, CORRESPONDENCE RECEIVED FROM YOU INDICATES THAT THE SERVICE YOU PERFORMED MAY NOT HAVE BEEN AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY. SHOULD THAT BE CORRECT IT WOULD APPEAR THAT NO RIGHT TO MUSTERING- OUT PAY WOULD HAVE ACCRUED TO YOU UNDER ANY OF THE PROVISIONS OF LAW RELATING THERETO. WE ARE NOT AWARE OF ANY LAW WHICH ENTITLED MEMBERS OF THE PHILIPPINE ARMY SERVING WITH THE USAFFE TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT.

FUNDS FOR PAYMENT OF ITEMS OF PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES SERVING IN WORLD WAR II WERE APPROPRIATED BY THE UNITED STATES GOVERNMENT AND TRANSFERRED TO THE PHILIPPINE GOVERNMENT FOR PAYMENT. IN THIS CONNECTION AN AGREEMENT BY THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS" BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDED FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMED FORCES AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEARED ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF MARCH 1948.

IF YOU BELIEVE YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE MENTIONED FUNDS, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT. THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.