B-171554, JAN 15, 1971

B-171554: Jan 15, 1971

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WHERE CLAIMANT WAS DISCHARGED IN 1945. HIS CLAIM WAS NOT RECEIVED BY GAO UNTIL JULY 31. THE CLAIM IS BARRED BY THE ACT OF OCT. 9. PASCUA: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 15. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 22. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM 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 OF THE 88TH CONGRESS.

B-171554, JAN 15, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING OUT PAY ON BASIS OF THE 10-YEAR LIMITATION PERIOD IMPOSED BY ACT OF OCTOBER 9, 1940. WHERE CLAIMANT WAS DISCHARGED IN 1945, BUT HIS CLAIM WAS NOT RECEIVED BY GAO UNTIL JULY 31, 1968, AT LEAST 22 YEARS LATER, THE CLAIM IS BARRED BY THE ACT OF OCT. 9, 1940, WHICH PRESCRIBES A 10-YEAR LIMITATION PERIOD.

TO MR. MARCELINO P. PASCUA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1945. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 22, 1968, AND NOVEMBER 21, 1968. IN THOSE LETTERS YOU WERE 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 YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM 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 OF THE 88TH CONGRESS, DATED 9 JANUARY 1963, APPROVED SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED 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 TIME LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON JULY 31, 1968, AT LEAST 22 YEARS AFTER THE DATE OF YOUR DISCHARGE IN 1945, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH CLAIM.