B-171775, FEB 22, 1971

B-171775: Feb 22, 1971

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CITED BY CLAIMANT HAS NOTHING TO DO WITH MUSTERING OUT PAY AND THERE IS NO OTHER PROVISION OF LAW WHICH WOULD ALLOW PAYMENT OF SUCH A CLAIM FILED AFTER THE 10-YEAR LIMITATION PERIOD. CERENEO: FURTHER REFERENCE IS MADE TO LETTER DATED OCTOBER 28. SHOULD BE CONSIDERED BECAUSE YOU WERE IGNORANT OF THE PROVISIONS OF THE ACT OF OCTOBER 9. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION. IN THOSE LETTERS YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. A COPY OF WHICH WAS FORWARDED TO YOU. CONSIDERATION OF YOUR CLAIM BY OUR OFFICE WAS BARRED BECAUSE IT WAS RECEIVED MORE THAN 10 YEARS FROM FEBRUARY 26. YOU WERE ADVISED FURTHER THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ABOVE-CITED LAW CONSTITUTED NO LEGAL BASIS UPON WHICH OUR OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM.

B-171775, FEB 22, 1971

MUSTERING-OUT PAY DECISION DENYING CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BASED ON 10-YEAR LIMITATION PERIOD IMPOSED BY THE ACT OF OCTOBER 9, 1940. PUBLIC LAW 88-263, CITED BY CLAIMANT HAS NOTHING TO DO WITH MUSTERING OUT PAY AND THERE IS NO OTHER PROVISION OF LAW WHICH WOULD ALLOW PAYMENT OF SUCH A CLAIM FILED AFTER THE 10-YEAR LIMITATION PERIOD, NOTWITHSTANDING CLAIMANT'S IGNORANCE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

TO MR. RAMON M. CERENEO:

FURTHER REFERENCE IS MADE TO LETTER DATED OCTOBER 28, 1970, WRITTEN ON YOUR BEHALF BY MR. FERMIN ALTAMIRA, ASSISTANT MUNICIPAL TREASURER, MLANG, URGING THAT YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600, INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE ON FEBRUARY 26, 1946, SHOULD BE CONSIDERED BECAUSE YOU WERE IGNORANT OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION, DATED OCTOBER 31, 1968, JULY 25, 1969, AND JANUARY 29, 1970. IN THOSE LETTERS YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH 788, 54 STAT. 1061, 31 U.S.C. 71A, A COPY OF WHICH WAS FORWARDED TO YOU, WITH THE LETTER OF OCTOBER 31, 1968, CONSIDERATION OF YOUR CLAIM BY OUR OFFICE WAS BARRED BECAUSE IT WAS RECEIVED MORE THAN 10 YEARS FROM FEBRUARY 26, 1946, THE DATE IT ACCRUED. YOU WERE ADVISED FURTHER THAT THE FACT THAT YOU WERE NOT ACQUAINTED WITH THE ABOVE-CITED LAW CONSTITUTED NO LEGAL BASIS UPON WHICH OUR OFFICE MAY GIVE CONSIDERATION TO YOUR CLAIM. IT WAS STATED THAT THE 1940 ACT MAKES NO EXCEPTIONS WHICH WOULD PERMIT FAVORABLE ACTION ON CLAIMS OF INDIVIDUALS WHO BELATEDLY LEARN OF THEIR RIGHTS.

PUBLIC LAW 88-263, CITED BY YOU, HAD NOTHING TO DO WITH MUSTERING-OUT PAY AND WE ARE NOT AWARE OF ANY STATUTORY PROVISION FOR THE PAYMENT OF $3,600 AS MUSTERING-OUT PAY TO MEMBERS OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS. THE PROVISIONS OF PARAGRAPHS 311-322 OF TM 14-502 REFERRED TO BY YOU RELATE TO MUSTERING-OUT PAYMENTS UNDER AN EARLIER LAW AND ALL CLAIMS UNDER THAT LAW ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 5, 1968, WHICH IS MORE THAN 10 FULL YEARS FROM FEBRUARY 26, 1946, THE DATE OF YOUR DISCHARGE, THERE IS NO ACTION WHICH THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.