B-165585, APR. 2, 1969
Highlights
QUINTO: REFERENCE IS MADE TO YOUR LETTER OF MARCH 10. THIS MATTER WAS THE SUBJECT OF OUR DECISIONS OF NOVEMBER 26. IN THOSE DECISIONS IT WAS EXPLAINED TO YOU THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. WHICH WAS ENACTED TO AUTHORIZE MUSTERING-OUT PAY TO A SMALL NUMBER OF OFFICERS WHO WERE INTEGRATED INTO THE REGULAR ARMY OR AIR FORCE AFTER JUNE 26. WHO WERE OTHERWISE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BY REASON OF THEIR FAILURE TO MAKE APPLICATION THEREFOR PRIOR TO THE PREVIOUS STATUTORY DEADLINE DATE OF JULY 17. YOU WERE ALSO ADVISED THAT IT PLAINLY DOES NOT AMEND THE ACT OF OCTOBER 9. WE HAVE NO AUTHORITY TO DISREGARD OR MISAPPLY LAWS ENACTED BY CONGRESS. FURTHER CORRESPONDENCE FROM YOU ABOUT YOUR CLAIM WHICH DOES NOT ESTABLISH THAT IT WAS RECEIVED IN THIS OFFICE PRIOR TO OCTOBER 16.
B-165585, APR. 2, 1969
TO MR. NAZARIO U. QUINTO:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1969, CONCERNING YOUR BARRED CLAIM FOR MUSTERING-OUT PAY IN WHICH YOU URGE THAT AS A MATTER OF JUSTICE, THE ACT OF JUNE 24, 1965, PUBLIC LAW 89-50, 79 STAT. 173, SHOULD BE REGARDED AS EXTENDING THE TIME LIMITATION IN WHICH YOU MAY FILE CLAIM FOR THE PAY INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY ON OCTOBER 16, 1946.
THIS MATTER WAS THE SUBJECT OF OUR DECISIONS OF NOVEMBER 26, 1968, AND FEBRUARY 20, 1969, B-165585, TO YOU. IN THOSE DECISIONS IT WAS EXPLAINED TO YOU THAT YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, AND THAT THE ACT OF JUNE 24, 1965, WHICH WAS ENACTED TO AUTHORIZE MUSTERING-OUT PAY TO A SMALL NUMBER OF OFFICERS WHO WERE INTEGRATED INTO THE REGULAR ARMY OR AIR FORCE AFTER JUNE 26, 1950, AND BEFORE JULY 16, 1952, AND WHO WERE OTHERWISE PRECLUDED FROM RECEIVING MUSTERING-OUT PAY BY REASON OF THEIR FAILURE TO MAKE APPLICATION THEREFOR PRIOR TO THE PREVIOUS STATUTORY DEADLINE DATE OF JULY 17, 1959, HAD NO APPLICATION TO YOUR CASE. YOU WERE ALSO ADVISED THAT IT PLAINLY DOES NOT AMEND THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, BARRING CLAIMS IF NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS, IN SUCH A WAY AS TO PERMIT YOUR CLAIM FOR MUSTERING-OUT PAY TO BE CONSIDERED ON ITS MERITS BY OUR OFFICE.
WE HAVE NO AUTHORITY TO DISREGARD OR MISAPPLY LAWS ENACTED BY CONGRESS, OR TO CONSIDER CLAIMS PROHIBITED BY THOSE LAWS ON EQUITABLE GROUNDS. ACCORDINGLY, FURTHER CORRESPONDENCE FROM YOU ABOUT YOUR CLAIM WHICH DOES NOT ESTABLISH THAT IT WAS RECEIVED IN THIS OFFICE PRIOR TO OCTOBER 16, 1956, WILL BE FILED WITHOUT REPLY.