B-171219, NOV. 20, 1970

B-171219: Nov 20, 1970

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REQUEST FOR MUSTERING-OUT PAY MUST BE DENIED SINCE IT WAS NOT RECEIVED WITHIN THE 10 YEARS REQUIRED BY THE ACT OF OCTOBER 9. CERILO VALENCIA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 16. YOU CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER THE PROVISION OF ACT 263 OF THE 88TH CONGRESS. WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER. NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9. WAS IN EFFECT ON AUGUST 31. THE DATE ON WHICH YOU SAY YOU WERE RETIRED. APPLICABLE REGULATIONS ISSUED BY THE DEPARTMENT OF THE ARMY UNDER THE AUTHORITY OF THAT ACT ARE CONTAINED IN PARAGRAPHS 313-322. CLAIMS UNDER THAT ACT ARE SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9.

B-171219, NOV. 20, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY INCIDENT TO SERVICE WITH USAFFE DURING WORLD WAR II AS A STALE CLAIM. REQUEST FOR MUSTERING-OUT PAY MUST BE DENIED SINCE IT WAS NOT RECEIVED WITHIN THE 10 YEARS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

TO MR. CERILO VALENCIA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 16, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS DURING AND FOLLOWING WORLD WAR II.

IN SUPPORT OF YOUR CLAIM FOR MUSTERING-OUT PAY, YOU CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER THE PROVISION OF ACT 263 OF THE 88TH CONGRESS, DATED 9 JANUARY 1963, APPROVED SEPTEMBER 30, 1965" AND YOU ALSO REFER TO THE PROVISIONS OF "311-322 OF T.N. 502, MUSTERING OUT PAY LAW."

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.

THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.) WAS IN EFFECT ON AUGUST 31, 1947, THE DATE ON WHICH YOU SAY YOU WERE RETIRED. APPLICABLE REGULATIONS ISSUED BY THE DEPARTMENT OF THE ARMY UNDER THE AUTHORITY OF THAT ACT ARE CONTAINED IN PARAGRAPHS 313-322, T.M. 14-502. CLAIMS UNDER THAT ACT ARE SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH REQUIRES THAT ALL CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOUR CLAIM WAS RECEIVED BY THIS OFFICE ON NOVEMBER 3, 1969, MORE THAN 22 YEARS AFTER YOU WERE RELIEVED FROM ACTIVE DUTY ON AUGUST 31, 1947.

NOTWITHSTANDING THE APPLICATION OF THE BARRING ACT TO YOUR CLAIM, IT APPEARS THAT PAYMENT COULD NOT HAVE BEEN MADE IN ANY EVENT. SECTION 1 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, PROVIDED:

"(B) NO MUSTERING-OUT PAYMENT SHALL BE MADE TO--

"(2) ANY MEMBER OF THE ARMED FORCES WHO, AT THE TIME OF *** RELIEF FROM ACTIVE SERVICE, IS TRANSFERRED *** TO THE RETIRED LIST WITH RETIREMENT PAY OR TO A STATUS IN WHICH HE RECEIVES RETIREMENT PAY."

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.