B-171750, FEB 10, 1971

B-171750: Feb 10, 1971

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ANY RIGHT WHICH CLAIMANT MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944. WHICH WAS SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. THERE IS NO OTHER STATUTORY AUTHORITY AUTHORIZING PAYMENT OF CLAIM AND NO FURTHER ACTION WHICH GAO MAY LEGALLY TAKE IN THIS MATTER. VICENTE TRILLANES: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 19. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

B-171750, FEB 10, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BASED ON 10-YEAR TIME LIMITATION PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. ANY RIGHT WHICH CLAIMANT MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED 38 U.S.C. 691 ET SEQ. (1946 ED.) WHICH WAS SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. THERE IS NO OTHER STATUTORY AUTHORITY AUTHORIZING PAYMENT OF CLAIM AND NO FURTHER ACTION WHICH GAO MAY LEGALLY TAKE IN THIS MATTER.

TO MR. VICENTE TRILLANES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE PHILIPPINE SCOUTS FROM AUGUST 28, 1946, TO MAY 10, 1949.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 19, 1966, AND JANUARY 30, 1968, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CLAIM MUSTERING-OUT PAY "AS AUTHORIZED UNDER THE PROVISIONS OF ACT NO. 263, 88TH CONGRESS DATED JANUARY 9, 1963 WHICH PASSED AND APPROVED ON SEPTEMBER 30, 1968." NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964, AND IN NO WAY RELATES TO 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 TECHNICAL MANUAL 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.

BECAUSE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MAY 6, 1966, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MAY 10, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH MATTER.