B-171254, APR 27, 1972

B-171254: Apr 27, 1972

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CONSIDERATION OF HIS CLAIM IS BARRED BY THE PROVISIONS OF 31 U.S.C. 71A. LARUAN: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 5. YOUR LETTER WAS RECENTLY FORWARDED TO OUR OFFICE FOR REPLY. YOU SAY THAT YOUR CLAIM FOR SUCH PAY MUST HAVE BEEN RECEIVED IN OUR OFFICE IN 1957 AS YOU RECEIVED A NOTICE OF DELAY AND/OR REFERRAL OF CLAIM FROM THE FINANCE CENTER SOMETIME IN 1957 AND YOU KNOW OF SEVERAL EX- PHILIPPINE SCOUTS WHO WROTE LATER THAN YOU DID AND HAVE LONG SINCE RECEIVED PAYMENT. YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7. THAT YOUR CLAIM FOR SUCH PAY WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. ARMY FINANCE CENTER ACKNOWLEDGED THAT A CLAIM MADE BY YOU WAS RECEIVED BY THAT ORGANIZATION.

B-171254, APR 27, 1972

MILITARY PERSONNEL - MUSTERING-OUT PAY - ENTITLEMENT - BARRING ACT DECISION DENYING THE CLAIM OF HONORATO L. LARUAN FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO HIS DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2, 1949. ABSENT ANY PROOF THAT MR. LARUAN SUBMITTED A TIMELY CLAIM TO THE GENERAL ACCOUNTING OFFICE, CONSIDERATION OF HIS CLAIM IS BARRED BY THE PROVISIONS OF 31 U.S.C. 71A.

TO MR. HONORATO L. LARUAN:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 5, 1971, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2, 1949. YOUR LETTER WAS RECENTLY FORWARDED TO OUR OFFICE FOR REPLY.

YOU SAY THAT YOUR CLAIM FOR SUCH PAY MUST HAVE BEEN RECEIVED IN OUR OFFICE IN 1957 AS YOU RECEIVED A NOTICE OF DELAY AND/OR REFERRAL OF CLAIM FROM THE FINANCE CENTER SOMETIME IN 1957 AND YOU KNOW OF SEVERAL EX- PHILIPPINE SCOUTS WHO WROTE LATER THAN YOU DID AND HAVE LONG SINCE RECEIVED PAYMENT.

YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7, 1970, B-171254, AND OUR LETTER DATED FEBRUARY 17, 1971, THAT YOUR CLAIM FOR SUCH PAY WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, AND THAT THE ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE CONSIDERED ON ITS MERITS, IT MUST BE RECEIVED IN THE U.S. GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE OF ACCRUAL.

THE NOTIFICATION CARD WHICH YOU RECEIVED FROM THE U.S. ARMY FINANCE CENTER ACKNOWLEDGED THAT A CLAIM MADE BY YOU WAS RECEIVED BY THAT ORGANIZATION, BUT IT DOES NOT IDENTIFY THE SUBJECT MATTER OF THAT CLAIM. THE EARLIEST LETTER CONTAINED IN OUR FILE FROM YOU WHICH RELATES IN ANY WAY TO YOUR CLAIM FOR MUSTERING-OUT PAY IS DATED JULY 22, 1967, AND ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA. IT WAS THIS LETTER WHICH WAS FORWARDED TO THIS OFFICE AND RECEIVED HERE ON DECEMBER 4, 1967. THERE IS NOTHING IN OUR FILE WHICH INDICATES THAT YOU PRESENTED A CLAIM TO OUR OFFICE FOR MUSTERING-OUT PAY PRIOR TO THAT TIME. IN THE CIRCUMSTANCES, YOUR LETTER OF JUNE 5, 1971, FURNISHED NO BASIS FOR THE PAYMENT OF YOUR CLAIM AND THEREFORE WE MUST ADHERE TO OUR DECISION OF DECEMBER 7, 1970.

IT HAS ALWAYS BEEN OUR POLICY THAT DISALLOWED CLAIMS WILL BE RECONSIDERED IF EVIDENCE OF ENTITLEMENT IS PRESENTED; HOWEVER, UNLESS YOU CAN PRODUCE EVIDENCE THAT YOU FILED A TIMELY CLAIM FOR MUSTERING OUT PAY IN THE GENERAL ACCOUNTING OFFICE, FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE AND ANY CORRESPONDENCE WHICH MERELY QUESTIONS MATTERS ALREADY CONSIDERED WILL BE FILED WITHOUT REPLY.