B-163502, FEB 25, 1971

B-163502: Feb 25, 1971

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MILITARY - MUSTERING OUT PAY DECISION THAT CLAIM FOR MUSTERING-OUT PAY FOR SERVICE IN WORLD WAR II IS PRECLUDED BY BARRED CLAIMS ACT. JITO: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 5. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 10. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY WAS BARRED BY THE ACT OF OCTOBER 9. SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY "UNDER THE PROVISIONS OF ACT. " YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31.

B-163502, FEB 25, 1971

MILITARY - MUSTERING OUT PAY DECISION THAT CLAIM FOR MUSTERING-OUT PAY FOR SERVICE IN WORLD WAR II IS PRECLUDED BY BARRED CLAIMS ACT.

TO MR. VICENTE C. JITO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 5, 1970, ADDRESSED TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF 3,600 PESOS, BELIEVED DUE INCIDENT TO SERVICE IN THE USAFFE DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 10, 1967, AND OCTOBER 12, 1967, AND OF OUR DECISION B-163502, OF APRIL 19, 1968, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY "UNDER THE PROVISIONS OF ACT. NO. 263, 88TH US CONGRESS, DATED 9 JANUARY, 1963, AS APPROVED SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON JANUARY 31, 1964, AND HAD NOTHING TO DO WITH 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 AS A MEMBER OF THE USAFFE 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 T.M. 14-502. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT.

WHILE YOU HAVE MENTIONED THE USAFFE IN PAST CORRESPONDENCE, IT APPEARS THAT YOUR SERVICE MAY HAVE BEEN AS A MEMBER OF THE PHILIPPINE ARMY. AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES, CLAIMS FOR PAY AND ALLOWANCES FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES SERVING IN WORLD WAR II ARE FOR PAYMENT BY THE PHILIPPINE GOVERNMENT. SHOULD YOU HAVE A VALID CLAIM UNDER THAT AGREEMENT IT SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT.

INSOFAR AS YOUR CLAIM AGAINST THE UNITED STATES IS CONCERNED, AS IT WAS FIRST RECEIVED IN OUR OFFICE ON JULY 5, 1967, MORE THAN 10 YEARS AFTER THE TERMINATION OF YOUR WORLD WAR II SERVICE, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.

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