B-171274, DEC. 10, 1970

B-171274: Dec 10, 1970

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THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9. MUTIA: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 27 AND SEPTEMBER 8. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 30. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. IN SUPPORT OF YOUR CLAIM FOR MUSTERING-OUT PAY YOU CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER PUBLIC LAW 263. 88TH CONGRESS AND WAS APPROVED JAN 31. AS YOU WERE ADVISED IN THE LETTER OF FEBRUARY 13. YOUR ATTENTION IS AGAIN INVITED TO THE FACT THAT PUBLIC LAW 88-263 DOES NOT RELATE IN ANY WAY TO MUSTERING-OUT PAY. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944.

B-171274, DEC. 10, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO MILITARY SERVICE DURING WORLD WAR II. THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A WHICH REQUIRES THAT THE CLAIM BE RECEIVED BY THE GAO WITHIN 10 YEARS FROM THE DATE IT ACCRUED.

TO MR. VICENTE B. MUTIA:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 27 AND SEPTEMBER 8, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AND EDUCATIONAL BENEFITS BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE IN WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 30, 1969, AND FEBRUARY 13, 1970, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES IN PERTINENT PART:

"(1) EVERY CLAIM OR DEMAND *** AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE *** SHALL BE FOREVER BARRED UNLESS SUCH CLAIM ***SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED *** ."

IN SUPPORT OF YOUR CLAIM FOR MUSTERING-OUT PAY YOU CONTEND THAT SUCH PAY IS "AUTHORIZED UNDER PUBLIC LAW 263, 88TH CONGRESS AND WAS APPROVED JAN 31, 1964." AS YOU WERE ADVISED IN THE LETTER OF FEBRUARY 13, 1970, YOUR ATTENTION IS AGAIN INVITED TO THE FACT THAT PUBLIC LAW 88-263 DOES NOT RELATE IN ANY WAY TO MUSTERING-OUT PAY. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.).

ALL CLAIMS FOR MILITARY PAY AND ALLOWANCES ARE GOVERNED BY THE ABOVE QUOTED PROVISIONS OF THE 1940 LAW, WHICH BAR CONSIDERATION OF EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER SUCH CLAIM FIRST ACCRUES. ANY CLAIM YOU HAD FOR MUSTERING-OUT PAY ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE, WHICH YOU STATE WAS MARCH 15, 1948. THEREFORE, IF THE BAR OF THE 1940 ACT WERE TO BE AVOIDED IN YOUR CASE, IT WAS NECESSARY FOR YOUR CLAIM TO HAVE BEEN RECEIVED IN THIS OFFICE ON OR BEFORE MARCH 15, 1958. YOUR CLAIM WAS FIRST RECEIVED HERE JULY 10, 1969, MORE THAN 21 YEARS AFTER YOUR DISCHARGE, AND HENCE THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE THEREON.

ANY EDUCATIONAL BENEFITS TO WHICH YOU MAY BE ENTITLED WOULD ACCRUE UNDER LAWS ADMINISTERED BY THE VETERANS ADMINISTRATION, AND YOU ARE ADVISED THAT THIS OFFICE MAY NOT CONSIDER SUCH MATTERS AS THEY COME WITHIN THE EXCLUSIVE JURISDICTION OF THAT AGENCY. ANY INQUIRIES YOU MAY HAVE IN THIS REGARD SHOULD BE DIRECTED TO:

VETERANS ADMINISTRATION REGIONAL OFFICE

1131 ROXAS BOULEVARD

MANILA, REPUBLIC OF THE PHILIPPINES ..END :