B-171928, MAR 11, 1971

B-171928: Mar 11, 1971

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THERE IS NO STATUTORY PROVISION FOR THE PAYMENT OF $3. ALL CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT. THERE IS NO ACTION WHICH THE COMP. FELICISIMO NACARIO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 26. IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF SUCH CLAIM 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. THEY PROVIDED GENERALLY THAT THE MAXIMUM RATE TO BE PAID TO ANY MEMBER OF THE ARMED FORCES UPON DISCHARGE WAS $300.

B-171928, MAR 11, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY DUE TO 10-YEAR LIMITATION PERIOD IMPOSED BY ACT OF OCTOBER 9, 1940. THERE IS NO STATUTORY PROVISION FOR THE PAYMENT OF $3,600 AS MUSTERING- OUT PAY TO MEMBERS OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS, AND ALL CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT. THERE IS NO ACTION WHICH THE COMP. GEN. MAY LEGALLY TAKE ON THE MATTER.

TO MR. FELICISIMO NACARIO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20, 1970, TO THE FINANCE CENTER, U.S. ARMY, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY IN THE AMOUNT OF $3,600, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT FROM APRIL 5, 1946, TO MARCH 23, 1949.

YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 26, 1966, AND JANUARY 20, 1967, IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF SUCH CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CLAIM MUSTERING-OUT PAY "UNDER THE PROVISIONS OF ACT 263 OF THE 88TH CONGRESS DATED JANUARY 9, 1943, AND APPROVED ON SEPTEMBER 30, 1968," AND REFER TO THE PROVISIONS OF 311-322, TM-502 PERTAINING TO MUSTERING-OUT PAY FOR MEMBERS OF THE PHILIPPINE SCOUTS, ARMY OF THE UNITED STATES.

THE PARAGRAPHS IN TM 15-502, DATED AUGUST 1, 1946 TO WHICH YOU REFERRED, IMPLEMENTED THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED. THEY PROVIDED GENERALLY THAT THE MAXIMUM RATE TO BE PAID TO ANY MEMBER OF THE ARMED FORCES UPON DISCHARGE WAS $300. PHILIPPINE SCOUTS ENLISTED UNDER THE PROVISIONS OF SECTION 14, PUBLIC LAW 190, 79TH CONGRESS, APPROVED OCTOBER 6, 1945, 59 STAT. 543, WERE ENTITLED TO BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT, OR A MAXIMUM OF 300 PESOS.

WE ARE NOT AWARE OF ANY STATUTORY PROVISION FOR THE PAYMENT OF $3,600 AS MUSTERING-OUT PAY TO MEMBERS OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS. NOR CAN WE IDENTIFY THE STATUTE YOU CITED IN YOUR LETTER OF JANUARY 20, 1970, SINCE THE 88TH CONGRESS DID NOT CONVENE UNTIL 1963 AND NO STATUTES APPROVED ON SEPTEMBER 30, 1968, PERTAINED TO MUSTERING-OUT PAY.

IT WOULD APPEAR FROM YOUR LETTERS THAT YOU WERE PAID MUSTERING-OUT PAY UPON YOUR DISCHARGE. HOWEVER THAT MAY BE, ALL CLAIMS FOR MUSTERING OUT PAY UNDER THE 1944 LAW ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT. SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MARCH 23, 1949, THERE IS NO ACTION THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.