B-163067, SEP. 29, 1969
Highlights
IS BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A. LORENZO COSTALES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 14. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY AND WAS RECEIVED HERE ON SEPTEMBER 3. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 19. IN THE LATTER DECISION YOU WERE ADVISED THAT YOUR UNAWARENESS OF THE PROVISIONS OF THE ACT OF OCTOBER 9. WHICH BARS CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. WAS NOT A LEGAL BASIS FOR THE CONSIDERATION OF YOUR CLAIM. SINCE THIS OFFICE IS WITHOUT AUTHORITY TO WAIVE ANY PROVISION OF THE 1940 ACT OR MAKE ANY EXCEPTION TO THE TIME LIMITATION THERE IMPOSED.
B-163067, SEP. 29, 1969
MILITARY - MUSTERING-OUT PAY - PHILIPPINE SCOUTS - BARRED CLAIM DECISION TO CLAIMANT HOLDING THAT CLAIM FOR MUSTERING-OUT PAY AS RESULT OF DISCHARGE FROM PHILIPPINE SCOUTS ON JUNE 30, 1946, IS BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A.
TO MR. LORENZO COSTALES:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 14, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1946. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY AND WAS RECEIVED HERE ON SEPTEMBER 3, 1969.
THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED AUGUST 19, 1965, AND DECEMBER 3, 1965, AND OF OUR DECISIONS OF JANUARY 18, 1968, AND MAY 6, 1968, B-163067. IN THE LATTER DECISION YOU WERE ADVISED THAT YOUR UNAWARENESS OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BARS CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT, WAS NOT A LEGAL BASIS FOR THE CONSIDERATION OF YOUR CLAIM, SINCE THIS OFFICE IS WITHOUT AUTHORITY TO WAIVE ANY PROVISION OF THE 1940 ACT OR MAKE ANY EXCEPTION TO THE TIME LIMITATION THERE IMPOSED.
YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISIONS OF THE ACT NO. 263 OF TH/E) 88TH CONGRESS DATED JAN. 9, 1963 AND APPROVED ON SEPT. 30, 1965.' NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964) NOR ANY LAW ENACTED ON SEPTEMBER 30, 1965, IN ANY WAY RELATES TO MUSTERING-OUT PAY. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9, 1963.
YOU ALSO REFER TO "THE PROVISIONS OF 311-322 OF T.M. 502 MUSTERING OUTPAY LAW.' PRESUMABLY, YOU HAVE REFERENCE TO TM 14-502, CHAPTER 10, SECTION V, MUSTERING-OUT PAYMENTS, WHICH RELATES TO THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.). SECTION 2 (A) (1) OF THAT ACT PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO OTHERWISE QUALIFIED PERSONS WHO SERVED 60 DAYS OR MORE AND SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. HOWEVER, IF YOU WERE ENTITLED TO ADDITIONAL MUSTERING-OUT PAY UNDER THAT ACT, CLAIM THEREFOR, LIKE OTHER CLAIMS FOR MUSTERING-OUT PAY, WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT, WHICH BARS CONSIDERATION OF EVERY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.
YOU STATE THAT YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON JUNE 30, 1946. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE JUNE 30, 1956, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON AUGUST 11, 1965, MORE THAN 19 YEARS AFTER YOUR DISCHARGE, THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.