B-160035, NOV. 6, 1970

B-160035, NOV. 6, 1970

MUSTERING - OUT PAY REAFFIRMING DECISION OF SEPTEMBER 23, 1966, CONCLUDING THAT CLAIM FOR MUSTERING-OUT PAY FOR DISCHARGE FROM MILITARY SERVICE IN 1949 IS BARRED FROM CONSIDERATION BY ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, SINCE CLAIM WAS RECEIVED IN GAO MORE THAN 13 YEARS AFTER ACCURAL.

TO MR. GAUDENCIO C. BELDAD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

AS YOU WERE ADVISED IN OUR DECISION OF SEPTEMBER 23, 1966, B-160035, THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS OUR OFFICE FROM CONSIDERING YOUR CLAIM. THAT 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 *** SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED *** ."

YOU NOW CONTEND THAT YOU ARE ENTITLED TO MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT. NO. 263, 88TH CONGRESS, DATED 9 JANUARY 1963, AS APPROVED ON SEPTEMBER 30, 1965." WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFER. 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 OUT PAY LAW." PRESUMABLY, YOU HAVE REFERENCE TO SECTION V, CHAPTER 10, T.M. 14-502, WHICH CONTAINS REGULATIONS RELATING TO MUSTERING-OUT PAYMENTS UNDER 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 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.

SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON OCTOBER 1, 1962, MORE THAN 13 YEARS AFTER IT ACCRUED ON THE DATE OF YOUR DISCHARGE, MAY 20, 1949, WE ARE PROHIBITED BY LAW FROM CONSIDERING SUCH CLAIM.