B-179627, FEB 4, 1974

B-179627: Feb 4, 1974

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ALTHOUGH IT IS UNFORTUNATE THAT CLAIMANT WAS NOT AWARE OF TIME LIMIT FOR CLAIMS FOR MUSTERING-OUT PAY. SINCE APPLICATION FOR MUSTERING-OUT PAY WAS NOT RECEIVED BY DEPT. FRANK KOCIAN: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20. THE RECORD SHOWS THAT YOU WERE INDUCTED INTO THE U.S. WAS FORWARDED HERE BY THE FINANCE CENTER. YOUR CLAIM WAS DISALLOWED BY OUR TRANSPORTATION AND CLAIMS DIVISION BECAUSE YOU DID NOT SUBMIT IT TO THE DEPARTMENT OF THE ARMY PRIOR TO JULY 17. IN THIS REGARD YOU SAY THAT YOU WERE NEVER NOTIFIED THAT YOU WERE REQUIRED TO MAKE APPLICATION BEFORE JULY 17. FOR THIS REASON YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO THE PAY. PROVIDED AS FOLLOWS: "ANY MEMBER OF THE ARMED FORCES ENTITLED TO MUSTERING-OUT PAYMENT WHO WAS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE JULY 16.

B-179627, FEB 4, 1974

ALTHOUGH IT IS UNFORTUNATE THAT CLAIMANT WAS NOT AWARE OF TIME LIMIT FOR CLAIMS FOR MUSTERING-OUT PAY, 38 U.S.C. 2104 (1964 ED.) REQUIRED THAT CLAIM BE FILED BY JULY 17, 1959, AND THIS OFFICE HAS NO AUTHORITY TO WAIVE REQUIREMENT. ACCORDINGLY, SINCE APPLICATION FOR MUSTERING-OUT PAY WAS NOT RECEIVED BY DEPT. OF ARMY PRIOR TO JULY 17, 1959, PRIOR DISALLOWANCE OF CLAIM BY GAO'S TRANSPORTATION AND CLAIMS DIVISION MUST BE SUSTAINED. SEE 45 COMP. GEN. 335 (1965).

TO MR. FRANK KOCIAN:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20, 1973, REQUESTING THAT THIS OFFICE RECONSIDER OUR TRANSPORTATION AND CLAIMS DIVISION SETTLEMENT OF AUGUST 14, 1973, WHICH DISALLOWED YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE IN THE U.S. ARMY.

THE RECORD SHOWS THAT YOU WERE INDUCTED INTO THE U.S. ARMY ON AUGUST 3, 1951, AND HONORABLY DISCHARGED UNDER THE PROVISIONS OF ARMY REGULATION 615 -362 (HARDSHIP) ON DECEMBER 12, 1951, AS A PRIVATE (E 1).

YOUR CLAIM FOR MUSTERING-OUT PAY DATED MARCH 5, 1973, WAS FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, ON APRIL 26, 1973. YOUR CLAIM WAS DISALLOWED BY OUR TRANSPORTATION AND CLAIMS DIVISION BECAUSE YOU DID NOT SUBMIT IT TO THE DEPARTMENT OF THE ARMY PRIOR TO JULY 17, 1959.

IN THIS REGARD YOU SAY THAT YOU WERE NEVER NOTIFIED THAT YOU WERE REQUIRED TO MAKE APPLICATION BEFORE JULY 17, 1959, AND FOR THIS REASON YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO THE PAY.

SECTION 2104 OF TITLE 38, U.S.C. (1964 ED.) PROVIDED AS FOLLOWS:

"ANY MEMBER OF THE ARMED FORCES ENTITLED TO MUSTERING-OUT PAYMENT WHO WAS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE JULY 16, 1952, SHALL, IF APPLICATION THEREFOR IS MADE BEFORE JULY 17, 1959, BE PAID SUCH MUSTERING-OUT PAYMENT BY THE SECRETARY CONCERNED

SECTION 503 OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, APPROVED JULY 16, 1952, PUB. L. 82-550, 66 STAT. 690, PROVIDED THAT APPLICATION FOR SUCH MUSTERING-OUT PAY WAS TO BE MADE WITHIN 2 YEARS AFTER THE DATE OF ITS ENACTMENT. THIS PERIOD WAS EXTENDED TO JULY 16, 1956, BY THE ACT OF JULY 26, 1955, 69 STAT. 380, AND FURTHER EXTENDED TO JULY 16, 1959, BY THE ACT OF AUGUST 14, 1958, 72 STAT. 593.

PUBLIC LAW 89-50, JUNE 24, 1965, 79 STAT. 173, EXTENDED THE TIME LIMIT IN WHICH TO MAKE APPLICATION FOR MUSTERING-OUT PAY ONLY FOR CERTAIN OFFICERS WHO APPLIED BEFORE JANUARY 31, 1966.

SINCE YOUR CLAIM WAS NOT SUBMITTED IN ACCORDANCE WITH STATUTORY REQUIREMENTS THERE IS NO LEGAL AUTHORITY FOR PAYMENT. IT IS UNFORTUNATE THAT YOU WERE NOT AWARE OF THE TIME LIMIT FOR CLAIMS, NEVERTHELESS, THE APPLICABLE LAW REQUIRED THAT YOUR CLAIM BE FILED BY JULY 17, 1959, AND WE HAVE NO AUTHORITY TO WAIVE THIS REQUIREMENT.

ACCORDINGLY, SINCE YOUR APPLICATION FOR MUSTERING-OUT PAY WAS NOT RECEIVED BY THE DEPARTMENT OF THE ARMY PRIOR TO JULY 17, 1959, THE PRIOR DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED. SEE 45 COMP. GEN. 335 (1965), COPY ENCLOSED.