B-171773, FEB 10, 1971

B-171773: Feb 10, 1971

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MUSTERING-OUT PAY CLAIM FOR MUSTERING-OUT PAY RECEIVED MORE THAN 16 YEARS AFTER DATE OF CLAIMANT'S DISCHARGE IS BARRED BY THE ACT OF OCTOBER 9. THERE IS NO OTHER LAW WHICH AUTHORIZES PAYMENT OF A CLAIM RECEIVED AFTER THE 10- YEAR LIMITATION PERIOD. DE JOSE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 26 AND JULY 29. 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. CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY "UNDER THE PROVISIONS OF ACT NO. 263 OF THE 88TH CONGRESS.

B-171773, FEB 10, 1971

MUSTERING-OUT PAY CLAIM FOR MUSTERING-OUT PAY RECEIVED MORE THAN 16 YEARS AFTER DATE OF CLAIMANT'S DISCHARGE IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND THERE IS NO OTHER LAW WHICH AUTHORIZES PAYMENT OF A CLAIM RECEIVED AFTER THE 10- YEAR LIMITATION PERIOD.

TO MR. JULIAN A. DE JOSE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 16, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE ON JANUARY 14, 1949, AS A PHILIPPINE SCOUT.

THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MAY 26 AND JULY 29, 1965, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH 788, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT 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 JANUARY 9, 1963, APPROVED SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON 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 LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MAY 21, 1965, MORE THAN 16 YEARS AFTER THE DATE OF YOUR DISCHARGE ON JANUARY 14, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.