B-171501, DEC. 16, 1970

B-171501: Dec 16, 1970

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THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9. QUIOCHO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 12. THE DATE ON WHICH ANY CLAIM YOU MAY HAVE HAD ACCRUED). ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION. YOU AGAIN WROTE TO THE DEPARTMENT OF THE ARMY CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AND YOUR LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY. OUR CLAIMS DIVISION AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED. THE CLAIMS DIVISION ADVISED YOU THAT YOUR CLAIM COULD NOT BE CONSIDERED BECAUSE IT WAS BARRED BY THE ACT OF OCTOBER 9. WHILE WE ARE UNABLE TO IDENTIFY THE FIRST ACT.

B-171501, DEC. 16, 1970

MUSTERING - OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS. THE CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A WHICH REQUIRES THAT SUCH CLAIMS REACH THE GAO WITHIN 10 YEARS FROM THE DATE THEY ACCRUE.

TO MR. FELIPE C. QUIOCHO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1969, ADDRESSED TO THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, AND FORWARDED TO OUR OFFICE RELATIVE TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE YOU ON APRIL 9, 1947, THE DATE OF YOUR DISCHARGE AS A PHILIPPINE SCOUT.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 12, 1957. SINCE, ON NOVEMBER 12, 1957, A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM THE DATE OF YOUR DISCHARGE (APRIL 9, 1947, THE DATE ON WHICH ANY CLAIM YOU MAY HAVE HAD ACCRUED), OUR CLAIMS DIVISION RETURNED IT TO YOU ON DECEMBER 10, 1957, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION.

THE ACT OF OCTOBER 9, 1940, AS CODIFIED IN 31 U.S.C. 71A READS, IN PERTINENT PART, AS FOLLOWS:

"(1) EVERY CLAIM OR DEMAND *** AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM *** SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. ***

"(2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION."

ON MARCH 13, 1965, YOU AGAIN WROTE TO THE DEPARTMENT OF THE ARMY CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AND YOUR LETTER WAS FORWARDED TO THIS OFFICE FOR REPLY. BY LETTER OF MAY 28, 1965, OUR CLAIMS DIVISION AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED.

THEREAFTER, IN LETTER DATED FEBRUARY 19, 1969, IN REPLY TO YOUR LETTER OF JANUARY 3, 1969, THE CLAIMS DIVISION ADVISED YOU THAT YOUR CLAIM COULD NOT BE CONSIDERED BECAUSE IT WAS BARRED BY THE ACT OF OCTOBER 9, 1940.

IN YOUR PRESENT LETTER YOU PLACE RELIANCE ON "ACT NO. 263 OF THE 88TH CONGRESS DATED 9 JANUARY 1963, AND APPROVED SEPTEMBER 30, 1965," AND CERTAIN ADMINISTRATIVE REGULATIONS PROMULGATED PURSUANT TO THE MUSTERING- OUT PAYMENT ACT OF 1944, AS AFFORDING THE BASIS FOR PAYMENT OF YOUR CLAIM. WHILE WE ARE UNABLE TO IDENTIFY THE FIRST ACT, THIS DOES NOT APPEAR MATERIAL FOR THE REASON THAT 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.) CLAIMS UNDER THAT ACT ARE SUBJECT TO THE TIME LIMITATIONS OF THE ACT OF OCTOBER 9, 1940, WHICH REQUIRES THAT SUCH CLAIMS BE RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS FROM THE DATE THE CLAIM FIRST ACCRUES.

ANY CLAIM YOU HAD FOR MUSTERING-OUT PAY ACCRUED ON APRIL 9, 1947, AND COULD BE CONSIDERED ON ITS MERITS ONLY IF THIS OFFICE HAD RECEIVED IT BEFORE APRIL 9, 1957. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL NOVEMBER 12, 1957, OR MORE THAN 10 YEARS AFTER IT ACCRUED, WE MUST AGAIN ADVISE YOU THAT IT IS BARRED AND THERE IS NO ACTION WE MAY TAKE IN THE MATTER.