B-171779, FEB 9, 1971

B-171779: Feb 9, 1971

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MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM WAS NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9. CIPRIANO GARCIA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 28. COPIES OF WHICH WERE MAILED TO THIS OFFICE AND RECEIVED HERE FROM THE FINANCE CENTER. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 28. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT 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-171779, FEB 9, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM WAS NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. CIPRIANO GARCIA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 28, 1970, ADDRESSED TO THE CHIEF, BENEFIT OFFICE, WASHINGTON, D.C., COPIES OF WHICH WERE MAILED TO THIS OFFICE AND RECEIVED HERE FROM THE FINANCE CENTER, UNITED STATES ARMY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,900 BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 24, 1949.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 28, 1960, APRIL 14, 1965, AND APRIL 28, 1970, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT 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 ACTION 311-324" APPROVED SEPTEMBER 30, 1965, YOU ARE ADVISED THAT NO LAW OR REGULATION OF WHICH WE ARE AWARE, AUTHORIZES PAYMENT OF YOUR CLAIM. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY FROM THE UNITED STATES 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 SEPTEMBER 23, 1960, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MARCH 24, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.

THE MATTER OF YOUR ELIGIBILITY FOR COMPENSATION OR PENSION BASED UPON YOUR SERVICE IN THE PHILIPPINE SCOUTS IS FOR DETERMINATION BY THE VETERANS ADMINISTRATION, AND NOT BY THIS OFFICE.