B-172147, MAR 30, 1971

B-172147: Mar 30, 1971

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MUSTERING OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO SERVICE AS A MEMBER OF A GUERRILLA UNIT IN THE PHILIPPINES ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY 31 U.S.C. 71A. ZOZOBRADO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 25. YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 19. IN WHICH YOU WERE INFORMED OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BAR CONSIDERATION OF YOUR CLAIM SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. ANY RIGHT TO MUSTERING-OUT PAY TO WHICH OTHERWISE QUALIFIED PERSONS WERE ENTITLED INCIDENT TO MILITARY SERVICE PERFORMED DURING WORLD WAR II ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944.

B-172147, MAR 30, 1971

MUSTERING OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO SERVICE AS A MEMBER OF A GUERRILLA UNIT IN THE PHILIPPINES ON BASIS THAT A CLAIM NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUES IS BARRED BY 31 U.S.C. 71A.

TO MR. FRANCISCO Y. ZOZOBRADO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 25, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 WHICH YOU BELIEVE DUE INCIDENT TO YOUR SERVICE AS A MEMBER OF A RECOGNIZED GUERRILLA UNIT IN THE PHILIPPINE ISLANDS DURING THE PERIOD OF SEPTEMBER 24, 1942, TO MARCH 25, 1945.

YOUR CLAIM WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED NOVEMBER 19, 1968, FEBRUARY 12, 1969, AND OCTOBER 12, 1970, IN WHICH YOU WERE INFORMED 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 SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

ANY RIGHT TO MUSTERING-OUT PAY TO WHICH OTHERWISE QUALIFIED PERSONS WERE ENTITLED INCIDENT TO MILITARY SERVICE PERFORMED DURING WORLD WAR II 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 WAR DEPARTMENT TECHNICAL MANUAL 14-502, WHICH PROVIDED FOR PAYMENT OF MUSTERING-OUT PAY ONLY TO MEMBERS OF THE ARMY, NAVY, MARINE CORPS AND COAST GUARD OF THE UNITED STATES OR ANY OF THEIR RESPECTIVE COMPONENTS. FROM THE INFORMATION YOU HAVE FURNISHED YOU DO NOT APPEAR TO HAVE BEEN A MEMBER OF ONE OF THOSE ORGANIZATIONS.

IN ANY EVENT, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THE ABOVE-CITED PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10 -YEAR LIMITATION PERIOD PRESCRIBED IN THE 1940 ACT. THIS OFFICE HAS NO AUTHORITY TO WAIVE THAT LIMITATION PERIOD, 25 COMP. GEN. 670, 672. EVEN IF YOU HAD A VALID CLAIM THERE IS NO ACTION THIS OFFICE COULD LEGALLY TAKE IN THE MATTER, SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON SEPTEMBER 23, 1968, MORE THAN 23 YEARS AFTER THE DATE OF YOUR DISCHARGE IN 1945.

IN VIEW OF THE MANY PAPERS, DOCUMENTS, ETC., WHICH YOU HAVE SUBMITTED IN SUPPORT OF YOUR CLAIM, MOST OF WHICH HAVE NO BEARING THEREON, AND SINCE YOU HAVE BEEN FULLY ADVISED AS TO YOUR RIGHTS IN THE PREMISES, IT APPEARS THAT NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CORRESPONDENCE IN THE MATTER. ACCORDINGLY, YOU ARE ADVISED THAT ANY LETTERS RECEIVED FROM YOU IN THE FUTURE RELATING TO YOUR CLAIM, WILL BE FILED WITHOUT REPLY.