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B-146274, MAR 4, 1971

B-146274 Mar 04, 1971
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ON THE BASIS THAT CLAIM IS BARRED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. THE RECORD INDICATES THAT UPON DISCHARGE CLAIMANT RECEIVED THE MAXIMUM PAYMENT TO WHICH HE WAS ENTITLED. ANY CLAIM FOR ADDITIONAL MUSTERING-OUT PAY UNDER THE MUSTERING-OUT PAYMENT OF 1944 IS SUBJECT TO THE BAR IMPOSED BY THE ACT OF OCTOBER 9. SINCE THE CLAIM WAS FIRST RECEIVED BY GAO MORE THAN 10 YEARS AFTER THE DATE OF CLAIMANT'S DISCHARGE THERE IS NO ACTION THAT MAY BE LEGALLY TAKEN ON THE MATTER. CRUEL: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 16. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. 600 WHICH YOU BELIEVE IS DUE INCIDENT TO YOUR SERVICE WITH THE PHILIPPINE SCOUTS FROM AUGUST 6.

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B-146274, MAR 4, 1971

MUSTERING-OUT PAY DECISION DENYING MUSTERING-OUT PAY, ON THE BASIS THAT CLAIM IS BARRED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940. THE RECORD INDICATES THAT UPON DISCHARGE CLAIMANT RECEIVED THE MAXIMUM PAYMENT TO WHICH HE WAS ENTITLED, $150, AND ANY CLAIM FOR ADDITIONAL MUSTERING-OUT PAY UNDER THE MUSTERING-OUT PAYMENT OF 1944 IS SUBJECT TO THE BAR IMPOSED BY THE ACT OF OCTOBER 9, 1940. SINCE THE CLAIM WAS FIRST RECEIVED BY GAO MORE THAN 10 YEARS AFTER THE DATE OF CLAIMANT'S DISCHARGE THERE IS NO ACTION THAT MAY BE LEGALLY TAKEN ON THE MATTER.

TO MR. IDMIDIO N. CRUEL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 16, 1970, 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 6, 1946, TO APRIL 30, 1949.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JUNE 9 AND DECEMBER 10, 1969, IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CLAIM MUSTERING-OUT PAY "AUTHORIZED UNDER THE PROVISION OF ACT 263-322 OF THE 88TH CONGRESS, DATED JANUARY 9, 1963 AND APPROVED ON SEPTEMBER 30, 1965." 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 IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPHS 313- 322 OF WAR DEPARTMENT TECHNICAL MANUAL 14-502. IT APPEARS FROM ARMY RECORDS CONTAINED IN OUR FILE THAT YOU RECEIVED THE MAXIMUM PAYMENT TO WHICH YOU WERE ENTITLED UNDER THAT LAW - $150, WHICH UNDER THE RATE OF EXCHANGE AT THE TIME OF YOUR DISCHARGE EQUALLED 300 PHILIPPINE PESOS.

IN ANY EVENT, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT. SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON APRIL 30, 1949, THERE IS NO ACTION THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.

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