B-171835, FEB 18, 1971

B-171835: Feb 18, 1971

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MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO MILITARY SERVICE OF CLAIMANT'S LATE FATHER PERFECTO DOMEN IN WORLD WAR II ON BASIS THAT CLAIM WAS NOT RECEIVED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9. ALBERTO DOMEN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 15. IN WHICH YOU WERE ADVISED THAT 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 PERIOD PRESCRIBED IN THAT ACT. CONCERNING YOUR PRESENT BELIEF THAT YOUR FATHER WAS ENTITLED TO $3. WHICH YOU SAY WAS APPROVED ON SEPTEMBER 30.

B-171835, FEB 18, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO MILITARY SERVICE OF CLAIMANT'S LATE FATHER PERFECTO DOMEN IN WORLD WAR II ON BASIS THAT CLAIM WAS NOT RECEIVED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. ALBERTO DOMEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1970, ADDRESSED TO SETTLEMENT OPERATION CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AND FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING OUT PAY BELIEVED DUE IN THE CASE OF YOUR LATE FATHER, PERFECTO DOMEN, INCIDENT TO HIS MILITARY SERVICE IN WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 15, 1968, AND JULY 9, 1969, IN WHICH YOU WERE ADVISED THAT 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 PERIOD PRESCRIBED IN THAT ACT.

CONCERNING YOUR PRESENT BELIEF THAT YOUR FATHER WAS ENTITLED TO $3,000 MUSTERING-OUT PAY UNDER THE PROVISIONS OF ACT NO. 263 OF THE 88TH CONGRESS, WHICH YOU SAY WAS APPROVED ON SEPTEMBER 30, 1965, YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-273 (WHICH WAS APPROVED JANUARY 31, 1964, AND HAD NOTHING TO DO WITH MUSTERING-OUT PAY) NOR ANY OTHER LAW OF WHICH WE ARE AWARE, AUTHORIZES A MUSTERING-OUT PAYMENT OF $3,000 TO ANYONE.

ANY RIGHT YOUR FATHER 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 TECHNICAL MANUAL 14-502. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10 YEAR LIMITATION PRESCRIBED BY THE 1940 ACT.

YOUR FATHER DID NOT FILE A CLAIM WITH THIS OFFICE FOR MUSTERING-OUT PAY AND IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON SEPTEMBER 3, 1968, MORE THAN 10 YEARS AFTER HIS DISCHARGE ON MAY 31, 1946, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH CLAIM.