B-167397, SEP 15, 1969
Highlights
31 U.S.C. 71A IS SUSTAINED. RABUYO: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20. YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THIS OFFICE ON OCTOBER 7. FOR THE REASON THAT IT WAS NOT TIMELY RECEIVED AND CONSEQUENTLY WAS BARRED BY THE PROVISIONS OF THAT ACT. THE CLAIMS DIVISION AGAIN EXPLAINED THE FACTS AND THE LAWS PERTAINING TO YOUR CLAIM AND ADVISED YOU THAT YOUR CLAIM COULD NOT BE CONSIDERED BECAUSE IT WAS BARRED BY THE ACT OF OCTOBER 9. WE SET FORTH THE FACTS AND EXPLAINED FULLY THE LAWS RELATING TO MUSTERING-OUT PAY AND THE REASONS WHY YOU CLAIM WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT. OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT OF OCTOBER 9.
B-167397, SEP 15, 1969
MILITARY - MUSTERING-OUT PAY - STALE CLAIM DECISION DENYING CLAIM FOR MUSTERING-OUT PAY INCIDENT TO DISCHARGE FROM USAFFE IN MARCH 1946. SINCE PRESENT APPEAL DOES NOT PRESENT ANY INFORMATION PREVIOUSLY CONSIDERED, RETURN OF CLAIM BECAUSE OF BARRED ACT, 31 U.S.C. 71A IS SUSTAINED.
MR. MAXIMO A. RABUYO:
REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20, 1969, WITH ENCLOSURE CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE USAFFE IN MARCH 1946.
YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN THIS OFFICE ON OCTOBER 7, 1968, MORE THAN 22 YEARS AFTER THE DATE OF YOUR DISCHARGE. JANUARY 24, 1969, THE CLAIMS DIVISION OF OUR OFFICE RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FOR THE REASON THAT IT WAS NOT TIMELY RECEIVED AND CONSEQUENTLY WAS BARRED BY THE PROVISIONS OF THAT ACT. THEREAFTER, IN A LETTER DATED APRIL 10, 1969, THE CLAIMS DIVISION AGAIN EXPLAINED THE FACTS AND THE LAWS PERTAINING TO YOUR CLAIM AND ADVISED YOU THAT YOUR CLAIM COULD NOT BE CONSIDERED BECAUSE IT WAS BARRED BY THE ACT OF OCTOBER 9, 1940.
PURSUANT TO YOUR REQUEST WE RECONSIDERED THE MATTER AND BY LETTER DATED JULY 22, 1969, B-167397, COPY HEREWITH, WE SET FORTH THE FACTS AND EXPLAINED FULLY THE LAWS RELATING TO MUSTERING-OUT PAY AND THE REASONS WHY YOU CLAIM WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT.
YOUR PRESENT LETTER AND THE AFFIDAVIT WHICH YOU ENCLOSED DO NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM AND PRESENT NO BASIS FOR MODIFYING OUR PRIOR ACTION.
AS WE EXPLAINED IN OUR PRIOR LETTERS TO YOU, OUR CONSIDERATION OF THE CLAIM IS PROHIBITED BY THE BARRING ACT OF OCTOBER 9, 1940, INASMUCH AS MORE THAN TEN FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE FROM THE SERVICE AND THE DATE THE CLAIM WAS FIRST RECEIVED IN THIS OFFICE. THEREFORE, WE HAVE NO LEGAL AUTHORITY TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.
WE TRUST THIS LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY YOUR CLAIM IS BARRED AND MAY NOT BE CONSIDERED.