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B-171770, FEB 16, 1971

B-171770 Feb 16, 1971
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SINCE CLAIM WAS FIRST RECEIVED IN GAO AFTER 10-YEAR LIMITATION PERIOD PRESCRIBED BY ACT OF OCT. 9. THE CLAIM IS BARRED. THERE ARE NO OTHER PROVISIONS OF LAW AUTHORIZING THE PAYMENT OF THE CLAIM. MAPANAO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 31. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 25. 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 YOUR LATE HUSBAND WAS ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISIONS OF ACT NO. 263.

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B-171770, FEB 16, 1971

MUSTERING-OUT PAY DECISION DENYING CLAIM BY DELOREA A. MAPANAO, AS WIDOW, FOR MUSTERING OUT PAY IN THE CASE OF SIMPLICIO MAPANAO. SINCE CLAIM WAS FIRST RECEIVED IN GAO AFTER 10-YEAR LIMITATION PERIOD PRESCRIBED BY ACT OF OCT. 9, 1940, THE CLAIM IS BARRED, AND THERE ARE NO OTHER PROVISIONS OF LAW AUTHORIZING THE PAYMENT OF THE CLAIM.

TO MRS. DELORES A. MAPANAO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 31, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM AS WIDOW FOR MUSTERING-OUT PAY IN THE CASE OF SIMPLICIO MAPANAO, BELIEVED DUE INCIDENT TO HIS DISCHARGE FROM MILITARY SERVICE IN 1949. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 25, 1962, AND FEBRUARY 12, 1963. 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 YOUR LATE HUSBAND WAS ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISIONS OF ACT NO. 263, 88TH US CONGRESS, DATED 9 JANUARY 1963, AS APPROVED ON 30 SEPTEMBER 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 YOUR HUSBAND 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 LIMITATION PERIOD FIXED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 17, 1962, NEARLY 14 YEARS AFTER THE DATE OF YOUR HUSBAND'S DISCHARGE ON FEBRUARY 10, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.

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