B-170871, JUL 7, 1971

B-170871: Jul 7, 1971

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AS THE CLAIM WAS NOT RECEIVED WITHIN THE TIME LIMITS ESTABLISHED BY CONGRESS. FURTHER BECAUSE THE DEPARTMENT OF THE ARMY REPORTS CLAIMANT WAS NEVER A MEMBER OF THE ARMED FORCED OF THE UNITED STATES. CARONAN: REFERENCE IS MADE TO YOUR LETTER DATED MAY 29. YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE DUE TO THE FACT THAT IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. INDICATES THAT THE SERVICE YOU PERFORMED WAS NOT AS A MEMBER OF THE ARMED FORCES. YOU WERE NOT ELIGIBLE FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING OUT PAYMENT ACT OF 1944. YOU CONTEND THAT YOU WERE A MEMBER OF THE ARMY OF THE UNITED STATES AND YOU ENCLOSED CERTIFICATES TO THE EFFECT THAT YOU WERE A MEMBER OF THE 14TH INFANTRY (PA) FEDERALIZED INTO THE ARMY OF THE UNITED STATES ON JULY 14.

B-170871, JUL 7, 1971

MILITARY PERSONNEL - MUSTERING OUT PAY - BARRED CLAIM DECISION DISALLOWING CLAIM OF MR. PEDRO D. CARONAN FOR MUSTERING OUT PAY ALLEGED TO BE DUE INCIDENT TO MILITARY SERVICE IN THE SECOND WORLD WAR. AS THE CLAIM WAS NOT RECEIVED WITHIN THE TIME LIMITS ESTABLISHED BY CONGRESS, AND FURTHER BECAUSE THE DEPARTMENT OF THE ARMY REPORTS CLAIMANT WAS NEVER A MEMBER OF THE ARMED FORCED OF THE UNITED STATES, NO LEGAL BASIS EXISTS FOR PAYMENT.

TO MR. PEDRO D. CARONAN:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 29, 1971, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE PERFORMED DURING WORLD WAR II.

IN OUR LETTER DATED FEBRUARY 10, 1971, WE ADVISED YOU THAT UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, A COPY OF WHICH HAD BEEN PREVIOUSLY FORWARDED TO YOU, YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE DUE TO THE FACT THAT IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

WE ADVISED YOU FURTHER IN THAT LETTER THAT INFORMATION FURNISHED FROM THE U.S. ARMY ADMINISTRATION CENTER, ST. LOUIS, MISSOURI, INDICATES THAT THE SERVICE YOU PERFORMED WAS NOT AS A MEMBER OF THE ARMED FORCES, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY SERVING WITH THE UNITED STATES ARMED FORCES IN THE FAR EAST (USAFFE), AND AS SUCH, YOU WERE NOT ELIGIBLE FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED.

IN YOUR LETTER, YOU CONTEND THAT YOU WERE A MEMBER OF THE ARMY OF THE UNITED STATES AND YOU ENCLOSED CERTIFICATES TO THE EFFECT THAT YOU WERE A MEMBER OF THE 14TH INFANTRY (PA) FEDERALIZED INTO THE ARMY OF THE UNITED STATES ON JULY 14, 1942.

YOU SAY FURTHER IN YOUR LETTER THAT YOU FILED A CLAIM IN MARCH 1947, AT HEADQUARTERS, PHILIPPINE RYUKYUS COMMAND RECOVERED PERSONNEL DIVISION, JUST AFTER THE LIBERATION AND YOUR CLAIM WAS THEREFORE NOT BARRED BY THE 1940 ACT.

AS YOU HAVE BEEN ADVISED YOUR CLAIM IS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, BECAUSE IT WAS NOT FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD. THE FILING OF A CLAIM WITH ANY UNIT OF THE UNIFORMED SERVICES OF THE UNITED STATES ARMY OR ANY OTHER ADMINISTRATIVE AGENCY OF THE FEDERAL GOVERNMENT DOES NOT MEET THE REQUIREMENTS OF THE STATUTE THAT IT MUST BE FILED WITH OUR OFFICE.

WITH RESPECT TO THE QUESTION OF WHETHER YOU WERE A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WITHIN THE DEFINITION CONTAINED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, WE MUST ACCEPT THE DETERMINATION MADE BY THE DEPARTMENT OF THE ARMY IN A LETTER TO YOU DATED NOVEMBER 9, 1970, THAT YOU WERE NOT A MEMBER AND THEREFORE WERE NOT ELIGIBLE UNDER THAT ACT.

ACCORDINGLY, WE MUST AGAIN ADVISE YOU THAT THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER. ANY FURTHER CORRESPONDENCE RECEIVED FROM YOU IN THE MATTER WILL BE FILED WITHOUT REPLY.