B-171224, DEC. 9, 1970

B-171224, DEC. 9, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY INCURRED INCIDENT TO SERVICE WITH THE PHILIPPINE SCOUTS DURING WORLD WAR II. CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WHICH REQUIRES THAT CLAIM BE MADE WITHIN 10 YEARS AFTER DATE IT ACCURED.

TO MR. DOMINGO TUBLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 17, 1968, AND SEPTEMBER 24, 1968. 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.

IN YOUR LETTER OF OCTOBER 21, 1969, YOU CLAIMED ENTITLEMENT TO $3,600 AS MUSTERING-OUT PAY. WE KNOW OF NO STATUTORY AUTHORITY FOR THE PAYMENT OF $3,600 AS MUSTERING-OUT PAY TO MEMBERS OF THE MILITARY SERVICE, INCLUDING PHILIPPINE SCOUTS.

ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF 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 WHICH PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE AND WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. IN CONNECTION WITH THIS ACT, TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS OF THE 1944 ACT SHOULD BE DEEMED APPLICABLE TO PERSONS WHO ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 538, BUT PAYMENTS WERE TO BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THAT ACT.

IN OTHER WORDS, UNDER THE PROVISIONS OF THOSE LAWS, THE MAXIMUM AMOUNT THAT COULD BE PAID AS MUSTERING-OUT PAY TO A PHILIPPINE SCOUT UPON DISCHARGE, EVEN THOUGH HE SERVED 60 DAYS OR MORE INCLUDING SERVICE OUTSIDE THE PHILIPPINES SUBSEQUENT TO OCTOBER 6, 1945, WAS 300 PESOS. THE 1946 ACT ALSO PROVIDED THAT IN COMPUTING PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES.

IT APPEARS THAT THE RATE OF EXCHANGE ON THE CONVERSION FROM DOLLARS TO PESOS AT THAT TIME WAS TWO PESOS FOR EACH DOLLAR. IN YOUR LETTER OF MAY 7, 1968, YOU STATED THAT YOU RECEIVED $100 (THE EQUIVALENT OF 200 PESOS) AS MUSTERING-OUT PAY AT THE TIME OF YOUR DISCHARGE. THE MAXIMUM AMOUNT TO WHICH YOU WERE ENTITLED WAS 300 PESOS. HOWEVER, ANY CLAIM FOR AN UNPAID AMOUNT ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON JANUARY 13, 1949. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED SUCH CLAIM ON OR BEFORE JANUARY 13, 1959. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS RECEIVED HERE ON MAY 31, 1968.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.