B-170747, DEC 21, 1971

B-170747, DEC 21, 1971

MUSTERING-OUT PAY - PHILIPPINE SCOUT - BARRED CLAIM DECISION AFFIRMING PRIOR DENIALS OF THE CLAIM OF MR. ENGRACIO ABAGAT FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 WHICH IS ALLEGED TO BE DUE INCIDENT TO SERVICE WITH PHILIPPINE SCOUTS FROM AUGUST 21, 1946 TO MAY 18, 1949. THE CLAIM IS BARRED BY ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, AS IT WAS NOT RECEIVED BY GAO WITHIN THE 10-YEAR STATUTE OF LIMITATION.

TO MR. ENGRACIO ABAGAT:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 26, 1971, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. IN THAT LETTER YOU CLAIM MUSTERING- OUT PAY IN THE AMOUNT OF $3,600 WHICH YOU BELIEVE IS DUE INCIDENT TO YOUR SERVICE WITH THE PHILIPPINE SCOUTS FROM AUGUST 21, 1946, TO MAY 18, 1949.

YOUR CLAIM WAS THE SUBJECT OF CORRESPONDENCE FROM OUR CLAIMS DIVISION DATED SEPTEMBER 18, 1959, JUNE 6, 1960, OCTOBER 25, 1962, JANUARY 24, 1963, AND AUGUST 24, 1966, IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PRESCRIBED IN THAT ACT.

YOUR CLAIM WAS REVIEWED AND IN OUR DECISION B-170747, SEPTEMBER 30, 1970, YOU WERE AGAIN ADVISED OF THE BAR IMPOSED BY THE 1940 ACT AND THE FACT THAT CERTAIN LEGISLATION AND REGULATIONS TO WHICH YOU REFERRED PROVIDE NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

YOU NOW CLAIM MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT 263 OF THE 88TH CONGRESS, DATED JANUARY 9, 1943, AND APPROVED ON SEPTEMBER 30, 1968." NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964, AND IN NO WAY RELATES TO MUSTERING-OUT PAY), NOR ANY OTHER LAW OF WHICH WE ARE AWARE AUTHORIZES THE PAYMENT OF YOUR CLAIM. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED), AND TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT 223. IMPLEMENTING REGULATIONS ARE CONTAINED IN PARAGRAPHS 313-322 OF WAR DEPARTMENT TECHNICAL MANUAL 14-502.

UNDER THOSE PROVISIONS OF LAW AND REGULATIONS THE MAXIMUM AMOUNT PAYABLE IN MUSTERING-OUT PAY TO A MEMBER OF THE PHILIPPINE SCOUTS WAS 300 PHILIPPINE PESOS ($150). HOWEVER, CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT.

AS YOU WERE PREVIOUSLY ADVISED, YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 4, 1959, MORE THAN TEN YEARS AFTER THE DATE OF YOUR DISCHARGE WHICH YOU STATE TO BE MAY 18, 1949. ACCORDINGLY, THERE IS NO ACTION THIS OFFICE MAY LEGALLY TAKE IN THE MATTER.

SINCE YOU HAVE BEEN FULLY ADVISED AS TO YOUR RIGHTS IN THE PREMISES AND NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CORRESPONDENCE IN THE MATTER, ANY FURTHER LETTERS RECEIVED FROM YOU WILL BE FILED WITHOUT REPLY.