B-171911, MAR 3, 1971

B-171911: Mar 3, 1971

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MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY THE ACT OF OCTOBER 9. MARTINEZ: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 19. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 11. 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. CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY OF $3. " YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31.

B-171911, MAR 3, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.

TO MR. ALBERTO A. MARTINEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED 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 IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR SERVICE DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 11, 1962, AND JANUARY 22, 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.

CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY OF $3,600 UNDER THE PROVISIONS OF "ACT. NO. 263 OF THE 88TH CONGRESS OF THE UNITED STATES DATED JANUARY 9, 1963 AND APPROVAL SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON 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 PRESCRIBED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN OUR OFFICE ON NOVEMBER 7, 1962, MORE THAN 13 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MAY 5, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON SUCH MATTER.