B-171784, FEB 12, 1971

B-171784: Feb 12, 1971

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WAS NOT RECEIVED BY GAO UNTIL SEPTEMBER 9. IS BARRED BY THE ACT OF OCTOBER 9. THERE ARE NO OTHER PROVISIONS OF LAW WHICH AUTHORIZES THE PAYMENT OF MUSTERING-OUT PAY INCIDENT TO CLAIMANT'S SERVICE WITH THE PHILIPPINE SCOUTS. QUINITO: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER. WHICH WAS FORWARDED HERE FOR REPLY. 600 WHICH YOU BELIEVE IS DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE PHILIPPINE SCOUTS FROM AUGUST 28. YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JANUARY 22 AND APRIL 28. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM 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-171784, FEB 12, 1971

MUSTERING-OUT PAY DECISION DENYING CLAIM FOR MUSTERING-OUT PAY BASED ON 10-YEAR PERIOD OF LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940. A CLAIM WHICH ACCRUED ON MARCH 15, 1947, BUT WAS NOT RECEIVED BY GAO UNTIL SEPTEMBER 9, 1968, IS BARRED BY THE ACT OF OCTOBER 9, 1940, AND THERE ARE NO OTHER PROVISIONS OF LAW WHICH AUTHORIZES THE PAYMENT OF MUSTERING-OUT PAY INCIDENT TO CLAIMANT'S SERVICE WITH THE PHILIPPINE SCOUTS.

TO MR. GERONIMO A. QUINITO:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED HERE FOR REPLY. IN THAT LETTER YOU CLAIM MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 WHICH YOU BELIEVE IS DUE INCIDENT TO YOUR MILITARY SERVICE WITH THE PHILIPPINE SCOUTS FROM AUGUST 28, 1941, TO MARCH 15, 1947.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JANUARY 22 AND APRIL 28, 1969, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM 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 "AUTHORIZED UNDER THE PROVISION OF ACT NO. 623, 88TH CONGRESS, DATED 9 JANUARY 1963, AS APPROVED 30 SEPTEMBER 1965." NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED OCTOBER 3, 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 CALIMS 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.

BECAUSE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON SEPTEMBER 9, 1968, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MARCH 15, 1947, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON THIS MATTER.