B-171522, JAN 4, 1971

B-171522: Jan 4, 1971

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

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. REDOLOZA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. YOU SAID YOU WERE PAID MUSTERING-OUT PAY OF $100 OR 200 PESOS (P 200). WERE CLAIMING AN ADDITIONAL $50 OR 100 PESOS (P 100). THE FINANCE CENTER FORWARDED YOUR CLAIM TO OUR CLAIMS DIVISION WHERE IT WAS RECEIVED ON SEPTEMBER 5. THE DATE ON WHICH ANY CLAIM YOU MAY HAVE HAD ACCRUED). ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION. AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED BECAUSE IT WAS NOT TIMELY FILED.

B-171522, 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 MR. VINCENTE S. REDOLOZA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1969, ADDRESSED TO SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AND FORWARDED TO OUR OFFICE RELATIVE TO YOUR CLAIM FOR MUSTERING- OUT PAY BELIEVED DUE YOU AT DATE OF DISCHARGE AS A PHILIPPINE SCOUT.

OUR RECORDS SHOW THAT ON JULY 22, 1957, YOU PRESENTED A CLAIM TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR ADDITIONAL MUSTERING -OUT PAY ON THE BASIS OF YOUR MILITARY SERVICE DURING THE PERIOD JULY 17, 1946, TO APRIL 15, 1947. YOU SAID YOU WERE PAID MUSTERING-OUT PAY OF $100 OR 200 PESOS (P 200), AND WERE CLAIMING AN ADDITIONAL $50 OR 100 PESOS (P 100). THE FINANCE CENTER FORWARDED YOUR CLAIM TO OUR CLAIMS DIVISION WHERE IT WAS RECEIVED ON SEPTEMBER 5, 1957.

SINCE ON SEPTEMBER 5, 1957, A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM THE DATE OF YOUR DISCHARGE (APRIL 15, 1947, THE DATE ON WHICH ANY CLAIM YOU MAY HAVE HAD ACCRUED), OUR CLAIMS DIVISION RETURNED IT TO YOU ON SEPTEMBER 23, 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."

IN REPLY TO YOUR LETTER OF NOVEMBER 1, 1957, REGARDING YOUR CLAIM OUR CLAIMS DIVISION BY LETTER OF MARCH 17, 1958, AGAIN ADVISED YOU THAT YOUR CLAIM WAS BARRED BECAUSE IT WAS NOT TIMELY FILED.

IN YOUR PRESENT LETTER YOU SAY YOU HAVE BEEN INFORMED THAT A MUSTERING- OUT PAY IN THE AMOUNT OF $3,600 AS AUTHORIZED UNDER THE PROVISIONS OF "ACT NO. 263 OF THE 88TH CONGRESS DATED JANUARY 9, 1963," HAD BEEN APPROVED ON SEPTEMBER 30, 1968. ALSO, YOU PLACE RELIANCE ON "311-322 OF T.M. MUSTERING OUT PAY LAW" (PARAGRAPHS 311-322 OF WAR DEPARTMENT TECHNICAL MANUAL 14-502, AUGUST 1946).

WE ARE UNABLE TO IDENTIFY "ACT NO. 263" CITED BY YOU. PUBLIC LAW 88 263 WAS ENACTED ON JANUARY 31, 1964, AND DOES NOT RELATE TO MUSTERING OUT PAY. ALSO, WE FIND NOTHING IN PARAGRAPHS 311-322 OF THE CITED MANUAL WHICH WOULD SERVE AS AUTHORITY FOR THE CONSIDERATION OF YOUR CLAIM.

PARAGRAPH 314 OF THE MANUAL AS IT RELATES TO PHILIPPINE SCOUTS SPECIFIES THAT EFFECTIVE MAY 27, 1946, MEMBERS OF THAT ORGANIZATION ENLISTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, ARE ENTITLED TO MUSTERING-OUT PAYMENTS, EXCEPT THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINES WILL BE COMPENSATED ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES. FURTHER SPECIFIED THAT MUSTERING-OUT PAYMENTS UNDER THAT LAW WILL BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946). THERE IS NO PROVISION OF LAW UNDER WHICH YOU COULD BE PAID A MUSTERING-OUT PAY OF $3,600.

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 15, 1947, AND COULD BE CONSIDERED ON ITS MERITS ONLY IF THIS OFFICE HAD RECEIVED IT BEFORE APRIL 15, 1957. SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL SEPTEMBER 5, 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 ON THE MATTER.