B-171475, JAN 19, 1971

B-171475, JAN 19, 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 THE 10 YEARS FROM THE DATE IT ACCRUED, IT IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. JORGE MERILLES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 20, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON OCTOBER 20, 1948.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED FEBRUARY 19, 1963, AND NOVEMBER 30, 1962, AND OF A PRIOR LETTER DATED FEBRUARY 2, 1959, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY UNDER THE PROVISIONS OF "ACT NO. 263, 88TH U.S. CONGRESS, DATED 9 JANUARY 1963, AS APPROVED SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31, 1964, AND HAD NOTHING TO DO WITH MUSTERING-OUT PAY), NOR ANY OTHER LAW OF WHICH WE ARE AWARE, AUTHORIZES THE PAYMENT OF YOUR CLAIM. 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.), AND IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPHS 313 322 OF T.M. 14-502. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

IN YOUR LETTER OF SEPTEMBER 28, 1962, YOU INDICATED THAT YOU HAD RECEIVED MUSTERING-OUT PAY OF $150, BUT EXPRESSED THE BELIEF THAT YOU WERE ENTITLED TO AN ADDITIONAL $150 FOR A TOTAL OF $300.

THE MUSTERING-OUT PAYMENT ACT OF 1944, SUPRA, WHICH AUTHORIZED MUSTERING- OUT PAYMENTS TO MEMBERS OF THE ARMED FORCES IN THE AMOUNTS OF FROM $100 TO $300, WAS MADE APPLICABLE BY THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224, TO SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543. HOWEVER, THE PAYMENT TO PHILIPPINE SCOUTS WAS AUTHORIZED AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED.

UNDER THOSE LAWS THE MAXIMUM MUSTERING-OUT PAYMENT WHICH COULD BE MADE TO YOU WAS 300 PESOS. AT THE EXCHANGE RATE OF TWO PESOS TO THE DOLLAR, YOU COULD BE PAID ONLY $150, WHICH IS THE AMOUNT YOU SAY YOU RECEIVED. THEREFORE, IT APPEARS THAT YOU WERE PAID THE AMOUNT OF MUSTERING-OUT PAY TO WHICH YOU WERE ENTITLED. HOWEVER THAT MAY BE, YOUR CLAIM WHICH WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 26, 1959, MORE THAN 10 YEARS AFTER YOUR DISCHARGE ON OCTOBER 20, 1948, IS BARRED FROM FURTHER CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, AND THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.