B-171772, FEB 16, 1971

B-171772: Feb 16, 1971

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GAO IS UNABLE TO IDENTIFY THE LAW TO WHICH CLAIMANT REFERS. HOWEVER ANY RIGHT WHICH CLAIMANT MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944 AND ALL CLAIMS UNDER THOSE PROVISIONS OF LAW ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT. CARLOS DE LA CRUZ: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 10. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. 600 PESOS WHICH YOU BELIEVE DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE PHILIPPINE SCOUTS FROM WHICH YOU WERE SEPARATED APRIL 25. YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 31. IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9.

B-171772, FEB 16, 1971

MUSTERING-OUT PAY DECISION DENYING CLAIM FOR MUSTERING-OUT PAY BASED ON 10-YEAR TIME LIMIT PRESCRIBED BY ACT OF OCTOBER 9, 1940. GAO IS UNABLE TO IDENTIFY THE LAW TO WHICH CLAIMANT REFERS, HOWEVER ANY RIGHT WHICH CLAIMANT MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944 AND ALL CLAIMS UNDER THOSE PROVISIONS OF LAW ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT.

TO MR. CARLOS DE LA CRUZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 10, 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 PESOS WHICH YOU BELIEVE DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE PHILIPPINE SCOUTS FROM WHICH YOU WERE SEPARATED APRIL 25, 1949.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 31, 1965, AND FEBRUARY 27, 1967, IN WHICH YOU WERE INFORMED 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 PROVISION OF ACT. NO. 263, 88TH CONGRESS DATED JANUARY 9, 1963 AND APPROVED ON SEPTEMBER 30, 1965." 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 WAR DEPARTMENT 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 IN THE 1940 ACT.

BECAUSE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MARCH 18, 1965, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON APRIL 25, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.