B-171898, MAR 8, 1971

B-171898: Mar 8, 1971

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CLAIMANT WAS DISCHARGED MAY 18. NEITHER STATUTE IS HERE APPLICABLE. BARE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. 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 MAY 18. THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 18 AND 31. 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. SUCH PROVISIONS OF THE 1952 ACT WERE LATER REENACTED AS CHAPTER 43 (SECTIONS 2101-2105) OF TITLE 38. INASMUCH AS YOU WERE DISCHARGED FROM THE MILITARY SERVICE ON MAY 18.

B-171898, MAR 8, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY, INCIDENT TO SERVICE IN THE PHILIPPINE SCOUTS, DUE TO 10-YEAR LIMITATION PERIOD IMPOSED BY ACT OF OCTOBER 9, 1940. ALTHOUGH PUBLIC LAW 85-857 AUTHORIZED MUSTERING OUT PAY TO MEMBERS OF THE ARMED SERVICES FOR SPECIFIC ACTIVE DUTY ON OR AFTER JUNE 27, 1950, AND PUBLIC LAW 89-50 EXTENDED THE TIME FOR FILING CLAIMS AS A RESULT OF SERVICE IN THE KOREAN CONFLICT, CLAIMANT WAS DISCHARGED MAY 18, 1949, BEFORE THE ONSET OF THE KOREAN CONFLICT, THEREFORE, NEITHER STATUTE IS HERE APPLICABLE.

TO MR. CRISPIN C. BARE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 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 MAY 18, 1949, AS A PHILIPPINE SCOUT.

THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 18 AND 31, 1962, AND JANUARY 9, 1963, 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.

YOU REFER TO TITLE V OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, 66 STAT. 688, 38 U.S.C. 1011 (1952 ED.) WHICH AUTHORIZED MUSTERING- OUT PAY TO MEMBERS OF THE ARMED SERVICES FOR SPECIFIED ACTIVE SERVICE IN THE ARMED FORCES ON OR AFTER JUNE 27, 1950. SUCH PROVISIONS OF THE 1952 ACT WERE LATER REENACTED AS CHAPTER 43 (SECTIONS 2101-2105) OF TITLE 38, U.S. CODE, BY PUBLIC LAW 85-857, APPROVED SEPTEMBER 2, 1958, 72 STAT. 1222, WHICH YOU CITE IN YOUR LETTER. SECTION 14 (86) OF PUBLIC LAW 85-857 (72 STAT. 1272) REPEALED THE MUSTERING-OUT PAYMENT ACT OF 1944.

YOU ALSO REFER TO THE ACT OF JUNE 24, 1965, 79 STAT. 173, PUBLIC LAW 89- 50. THIS STATUTE AMENDED SECTION 2104 OF TITLE 38 U.S. CODE, TO EXTEND THE TIME FOR FILING CLAIMS FOR MUSTERING-OUT PAY WHICH ACCRUED AS A RESULT OF SERVICE DURING THE KOREAN CONFLICT, AND EFFECTIVE JULY 1, 1966, REPEALED CHAPTER 43 OF TITLE 38.

INASMUCH AS YOU WERE DISCHARGED FROM THE MILITARY SERVICE ON MAY 18, 1949, WHICH WAS BEFORE THE ONSET OF THE KOREAN CONFLICT NEITHER OF THE STATUTES CITED BY YOU IS FOR APPLICATION IN YOUR CASE.

SINCE ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, SUPRA, YOUR CLAIM WAS SUBJECT TO THE TIME LIMITATION OF THE ACT OF OCTOBER 9, 1940, AND CONSIDERATION THEREOF IS FORBIDDEN BY LAW.

ACCORDINGLY, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.