B-171254, DEC. 7, 1970

B-171254: Dec 7, 1970

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CLAIM IS BARRED BY THE ACT OF OCTOBER 9. LARUAN: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JULY 31 AND AUGUST 11. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 19. IN WHICH YOU WERE ADVISED THAT CONSIDERATION BY THIS OFFICE OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE ABOVE-QUOTED PROVISIONS OF LAW. THIS OFFICE IS WITHOUT AUTHORITY TO EITHER WAIVE ANY OF THE PROVISIONS OF THAT ACT. IT WAS NECESSARY FOR IT TO HAVE BEEN RECEIVED HERE ON OR BEFORE MARCH 2. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON DECEMBER 4. WHILE YOU HAVE FURNISHED A COPY OF A LETTER DATED MAY 18.

B-171254, DEC. 7, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS. CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WHICH REQUIRES THAT CLAIMS BE RECEIVED BY THE GAO WITHIN 10 YEARS AFTER THE DATE THEY ACCRUED.

TO MR. HONORATO L. LARUAN:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JULY 31 AND AUGUST 11, 1970, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2, 1949.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 19, 1967, AND APRIL 11, 1968, IN WHICH YOU WERE ADVISED THAT CONSIDERATION BY THIS OFFICE OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT READS IN PERTINENT PART:

"EVERY CLAIM OR DEMAND *** AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM *** SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED *** ."

IN CONNECTION WITH THE ABOVE-QUOTED ACT, SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE UNITED STATES SHALL BE ADJUSTED AND SETTLED IN THIS OFFICE (GENERAL ACCOUNTING OFFICE).

CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE ABOVE-QUOTED PROVISIONS OF LAW, WHICH REQUIRE THAT A CLAIM MUST BE RECEIVED IN THIS OFFICE BEFORE THE 10-YEAR PERIOD HAS ELAPSED IN ORDER FOR SUCH CLAIM TO BE RECOGNIZED AND CONSIDERED ON ITS MERITS. THIS OFFICE IS WITHOUT AUTHORITY TO EITHER WAIVE ANY OF THE PROVISIONS OF THAT ACT, OR GRANT ANY EXTENSION OF THE TIME LIMITATION IMPOSED THEREBY.

IF YOU HAD A CLAIM FOR MUSTERING-OUT PAY, SUCH CLAIM ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE ON MARCH 2, 1949. THEREFORE, IN ORDER FOR YOUR CLAIM TO BE CONSIDERED ON ITS MERITS, IT WAS NECESSARY FOR IT TO HAVE BEEN RECEIVED HERE ON OR BEFORE MARCH 2, 1959. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON DECEMBER 4, 1967, MORE THAN 18 YEARS AFTER YOUR DISCHARGE. WHILE YOU HAVE FURNISHED A COPY OF A LETTER DATED MAY 18, 1960, WHICH YOU INDICATE YOU MAILED TO OUR OFFICE AND WHICH INCLUDES A CLAIM FOR MUSTERING-OUT PAY, YOU ARE ADVISED THAT WE HAVE NO RECORD OF THE RECEIPT OF SUCH LETTER. IT IS WITHOUT SIGNIFICANCE IN ANY EVENT SINCE IT WAS WRITTEN MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY THE 1940 BARRING ACT, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED. IN THE CIRCUMSTANCES DISCLOSED, IT APPEARS THAT FURTHER CORRESPONDENCE IN THIS MATTER WOULD SERVE NO USEFUL PURPOSE.