B-172330, APR 9, 1971

B-172330: Apr 9, 1971

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ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944 AND ALL CLAIMS UNDER ITS PROVISIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PRESCRIBED BY THE ACT OF OCTOBER 9. AS THIS CLAIM WAS NOT RECEIVED WITHIN THE 10-YEAR PERIOD. THERE IS NO FURTHER ACTION THE COMP. CASTILLO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11. THIS MATTER WAS THE SUBJECT OF LETTERS DATED MAY 23. IN WHICH YOU WERE ADVISED THAT 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 PERIOD PRESCRIBED IN THAT ACT. CONCERNING YOUR PRESENT BELIEF THAT YOU ARE ENTITLED TO $3. WHICH YOU SAY WAS APPROVED ON SEPTEMBER 30. YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-273 (WHICH WAS APPROVED JANUARY 31.

B-172330, APR 9, 1971

MUSTERING OUT PAY DECISION DENYING CLAIM FOR MUSTERING-OUT PAY DUE TO 10-YEAR LIMITATION PERIOD IMPOSED BY THE ACT OF OCTOBER 9, 1940. ANY RIGHT FOR MUSTERING OUT PAY DUE FROM THE U.S. ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944 AND ALL CLAIMS UNDER ITS PROVISIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. AS THIS CLAIM WAS NOT RECEIVED WITHIN THE 10-YEAR PERIOD, THERE IS NO FURTHER ACTION THE COMP. GEN. MAY LEGALLY TAKE IN THIS MATTER.

TO MR. VALERIANO S. CASTILLO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1969, ADDRESSED TO SETTLEMENT OPERATION FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AND FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AS A FORMER PHILIPPINE SCOUT.

THIS MATTER WAS THE SUBJECT OF LETTERS DATED MAY 23, 1963, AND SEPTEMBER 25, 1964, FROM OUR CLAIMS DIVISION AND DECISION DATED DECEMBER 28, 1964, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR PERIOD PRESCRIBED IN THAT ACT.

CONCERNING YOUR PRESENT BELIEF THAT YOU ARE ENTITLED TO $3,600 FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF ACT NO. 263 OF THE 88TH CONGRESS, WHICH YOU SAY WAS APPROVED ON SEPTEMBER 30, 1965, YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-273 (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 A MUSTERING-OUT PAYMENT OF $3,600 TO ANYONE.

ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY FROM THE UNITED STATES 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 TECHNICAL MANUAL 14 502. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PRESCRIBED BY THE 1940 ACT.

YOUR CLAIM FOR MUSTERING-OUT AND OTHER PAY WAS FIRST RECEIVED IN OUR OFFICE IN 1963, MORE THAN 10 YEARS AFTER YOUR DISCHARGE ON FEBRUARY 18, 1946, AND FOR THIS REASON THERE IS NO FURTHER ACTION THAT THIS OFFICE MAY LEGALLY TAKE ON SUCH CLAIM.