B-171476, DEC. 30, 1970

B-171476: Dec 30, 1970

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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 CLAIM IS BARRED BY THE ACT OF OCTOBER 9. WHERE THE CLAIM IS NOT RECEIVED WITHIN 10 YEARS FROM THE DATE IT ACCURED. IT IS BARRED BY THE ACT. OLIVA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 28. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 5. EACH OF WHICH ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. YOU CONTEND THAT IT WAS "AUTHORIZED UNDER THE PROVISIONS OF ACT NO. 263. NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31.

B-171476, DEC. 30, 1970

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 CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A. WHERE THE CLAIM IS NOT RECEIVED WITHIN 10 YEARS FROM THE DATE IT ACCURED, IT IS BARRED BY THE ACT.

TO MR. ANTONIO A. OLIVA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 28, 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 MILITARY SERVICE IN 1946.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 5, 1966, APRIL 29, 1968, AND JUNE 5, 1969, EACH OF WHICH ADVISED YOU THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY 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 SUCH MUSTERING-OUT PAY, YOU CONTEND THAT IT WAS "AUTHORIZED UNDER THE PROVISIONS OF ACT NO. 263, 88TH US CONGRESS, DATED 9 JANUARY 1963, AS APPROVED SEPTEMBER 30, 1965" AND YOU ALSO REFER TO THE PROVISIONS OF "311-322 OF T.N. 502-MUSTERING OUT PAY LAW."

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 ON JANUARY 9, 1963. THE LAW WHICH AUTHORIZES PAYMENT OF MUSTERING-OUT PAY TO MEMBERS OF THE ARMED FORCES OF THE UNITED STATES WHO ENGAGED IN ACTIVE SERVICE DURING WORLD WAR II, WAS THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.). SECTION 6(A) OF THAT ACT DEFINED THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN--

" *** ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS *** ."

WHILE YOU MENTION HAVING SERVED WITH THE USAFFE, CORRESPONDENCE FROM YOU INDICATES THAT THE SERVICE YOU PERFORMED WAS NOT AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY. SHOULD THAT BE CORRECT, IT WOULD APPEAR THAT NO RIGHT TO MUSTERING- OUT PAY WOULD HAVE ACCRUED TO YOU UNDER ANY OF THE PROVISIONS OF LAW RELATING TO SUCH PAY. WE ARE NOT AWARE OF ANY LAW UNDER WHICH MEMBERS OF THE PHILIPPINE ARMY SERVING WITH THE USAFFE WERE ENTITLED TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT.

IN THIS CONNECTION, AN AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS," BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDED FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEARED ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF SUCH FORCES OF MARCH 1948.

IF YOU BELIEVE YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE MENTIONED FUNDS SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT. IF YOU ACTUALLY SERVED AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II, PAYMENT OF YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE 1940 ACT, AS YOUR CLAIM FOR SUCH PAY WAS FIRST RECEIVED HERE ON JULY 18, 1966, MORE THAN 20 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM IS SUSTAINED.