B-171913, MAR 8, 1971

B-171913, MAR 8, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR ADDITIONAL MUSTERING-OUT PAY DUE TO 10-YEAR PERIOD OF LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940. THE RECORD INDICATES THAT CLAIMANT RECEIVED THE MAXIMUM MUSTERING-OUT PAY AT THE TIME OF DISCHARGE, AND FURTHER, A CLAIM FOR ADDITIONAL PAY RECEIVED BY COMP. GEN. MORE THAN 17 YEARS AFTER DISCHARGE DATE IS BARRED BY THE ACT OF OCTOBER 9, 1940.

TO MR. LEODEGARIO L. REBANO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 30, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE ON APRIL 22, 1949, AS A PHILIPPINE SCOUT.

THE MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 1, 1966 AND SEPTEMBER 5, 1967, 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 IN THE AMOUNT OF $3,600 UNDER THE PROVISIONS OF "ACT NO. 263 OF THE 88TH CONGRESS, DATED JANUARY 9, 1963, APPROVED SEPTEMBER 30, 1965," 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 YOUR LETTER OF SEPTEMBER 30, 1970, YOU INDICATED THAT YOU HAD RECEIVED MUSTERING-OUT PAY OF 300 PESOS, (PHILIPPINE CURRENCY) BUT EXPRESSED THE BELIEF THAT YOU WERE ENTITLED TO BE PAID IN UNITED STATES CURRENCY OR $300.

THE MUSTERING-OUT PAYMENT ACT OF 1944, SUPRA, WHICH AUTHORIZED MUSTERING- OUT PAYMENTS TO MEMBERS OF THE ARMED FORCES IN THE AMOUNTS OF FROM $100 TO $300, WAS MADE APPLICABLE BY THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224, TO SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543. HOWEVER, THE PAYMENT TO PHILIPPINE SCOUTS WAS AUTHORIZED AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED.

UNDER THOSE LAWS THE MAXIMUM MUSTERING-OUT PAYMENT WHICH COULD BE MADE TO YOU WAS 300 PESOS, WHICH IS THE AMOUNT YOU SAY YOU RECEIVED. THEREFORE, IT APPEARS THAT YOU WERE PAID THE AMOUNT OF MUSTERING-OUT PAY TO WHICH YOU WERE ENTITLED. HOWEVER THAT MAY BE, YOUR CLAIM WHICH WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JUNE 6, 1966, MORE THAN 17 YEARS AFTER YOUR DISCHARGE ON APRIL 22, 1949, IS BARRED FROM FURTHER CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, AND THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.