B-171907, FEB 26, 1971

B-171907: Feb 26, 1971

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ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING- OUT PAYMENT ACT OF 1944 ARE SUBJECT TO THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. BECAUSE THIS CLAIM WAS RECEIVED AFTER THE 10-YEAR PERIOD. PIELAGO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 3. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM 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 OF $3.

B-171907, FEB 26, 1971

MUSTERING-OUT PAY DECISION DENYING CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 DUE TO 10-YEAR PERIOD PRESCRIBED BY ACT OF OCTOBER 9, 1940. ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING- OUT PAYMENT ACT OF 1944 ARE SUBJECT TO THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940, BECAUSE THIS CLAIM WAS RECEIVED AFTER THE 10-YEAR PERIOD, IT MUST BE DISALLOWED.

TO MR. EMILIANO P. PIELAGO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 3, 1965, AND SEPTEMBER 26, 1967. IN THOSE LETTERS YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM 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 OF $3,600 "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH U.S. CONGRESS DATED JANUARY 9, 1963, AND APPROVED SEPTEMBER 3, 1968," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (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 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 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 FIXED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON AUGUST 25, 1965, NEARLY 17 YEARS AFTER THE DATE OF YOUR DISCHARGE ON FEBRUARY 29, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.