B-161254, APR. 25, 1967

B-161254, APR. 25, 1967

TO MR. ANGEL M. PUNZALAN:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 28, 1967, WHEREIN YOU CLAIM ADDITIONAL MUSTERING-OUT PAY IN THE AMOUNT OF $3,300, BELIEVED TO BE DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUNTS ON FEBRUARY 14, 1949, AND REQUEST REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN LETTERS DATED APRIL 21, 1966, AND JULY 21, 1966, DENYING YOUR CLAIM BASED ON THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU NOW CONTEND THAT SINCE YOU WERE DISCHARGED ONLY FIVE YEARS AFTER PASSAGE OF THE 1944 MUSTERING-OUT PAYMENT ACT, THE 10-YEAR BARRING ACT IS INAPPLICABLE TO YOUR CASE. ADDITIONALLY, YOU INVITE ATTENTION TO SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, AND THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944 AS DISCUSSED IN PARAGRAPHS 311-322 OF TM 14-502, AUGUST 1946, IN THE APPARENT BELIEF THAT SUCH PROVISIONS AUTHORIZED THE ADDITIONAL MUSTERING-OUT PAYMENT CLAIMED. YOU INDICATE THAT YOU SERVED ON OVERSEAS DUTY AS A PHILIPPINE SCOUT FOR TWO YEARS.

THE FACT THAT YOU WERE DISCHARGED FROM THE SERVICE LESS THAN 10 YEARS AFTER THE PASSAGE OF THE ..END :