B-171422, JAN 4, 1971

B-171422: Jan 4, 1971

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MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO SERVICE IN THE PHILIPPINE SCOUTS DURING WORLD WAR II ON BASIS THAT WHERE CLAIM IS NOT RECEIVED WITHIN 10 YEARS FROM DATE IT ACCRUED IT IS BARRED BY THE ACT OF OCTOBER 9. ADARNA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20. THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED SEPTEMBER 28. IN THAT LETTER YOUR HUSBAND WAS ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF HIS CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. IT APPEARS THAT YOUR HUSBAND WAS DISCHARGED FROM MILITARY SERVICE ON MARCH 1.

B-171422, JAN 4, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO SERVICE IN THE PHILIPPINE SCOUTS DURING WORLD WAR II ON BASIS THAT WHERE CLAIM IS NOT RECEIVED WITHIN 10 YEARS FROM DATE IT ACCRUED IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MRS. ANGELINA R. ADARNA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AS WIDOW OF ROMEO ADARNA, FORMER PHILIPPINE SCOUT, BELIEVED DUE INCIDENT TO HIS DISCHARGE FROM MILITARY SERVICE IN 1949.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED SEPTEMBER 28, 1964. IN THAT LETTER YOUR HUSBAND WAS 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 HIS CLAIM BY THIS OFFICE SINCE IT WAS NOT RECEIVED HERE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

THE CITED ACT OF OCTOBER 9, 1940, BARS CONSIDERATION OF ALL CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF NOT RECEIVED IN THIS OFFICE WITHIN 10 YEARS AFTER THE CLAIM FIRST ACCRUED. IT APPEARS THAT YOUR HUSBAND WAS DISCHARGED FROM MILITARY SERVICE ON MARCH 1, 1949. ANY CLAIM THAT HE HAD FOR MUSTERING-OUT PAY ACCRUED ON THAT DATE. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED HIS CLAIM BEFORE MARCH 1, 1959, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT HIS CLAIM WAS FIRST RECEIVED HERE ON SEPTEMBER 11, 1964, MORE THAN 15 YEARS AFTER THE DATE OF HIS DISCHARGE, CONSIDERATION THEREOF IS PROHIBITED AND THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.