B-154242, SEP. 3, 1964

B-154242, SEP. 3, 1964

TO MRS. CONCEPCION N. SERAPION:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17, 1964, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WHICH YOU BELIEVE TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, PEDRO SERAPION,INCIDENT TO HIS MILITARY SERVICE AS A PHILIPPINE SCOUT. YOU ENCLOSED A PHOTOCOPY OF YOUR HUSBAND'S CERTIFICATE OF DISCHARGE SHOWING THAT HE ENLISTED ON AUGUST 17, 1946; THAT HE SERVED OUTSIDE THE PHILIPPINE ISLANDS FROM NOVEMBER 26, 1946, TO APRIL 13, 1948; THAT HE WAS DISCHARGED ON MAY 21, 1949; AND THAT AT THE TIME OF HIS DISCHARGE HE RECEIVED A MUSTERING-OUT PAYMENT OF $50 (ONE-HALF OF THE SUM OF $100 SHOWN TO BE DUE). YOU ADMIT THAT HE WAS PAID THE SUM OF $100 AS MUSTERING-OUT PAY AND YOU URGE THAT HE WAS ENTITLED TO $300 BECAUSE HE SERVED "OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.'

AS WE POINTED OUT IN OUR DECISION OF JUNE 30, 1964, B-154242, ALTHOUGH TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, SPECIFIED THAT THE BENEFITS PROVIDED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, SHOULD BE DEEMED TO APPLY TO PERSONS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 538, 543, THAT TITLE FURTHER PROVIDED (1) THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES AND (2) THAT MUSTERING-OUT PAYMENTS MADE ON ACCOUNT OF SUCH SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. YOUR CLAIM IS EVIDENTLY BASED ON SECTION 2 (A) (1) OF THE 1944 ACT WHICH AUTHORIZED THE PAYMENT OF "$300 FOR PERSONS WHO, HAVING PERFORMED ACTIVE SERVICE FOR SIXTY DAYS OR MORE, HAVE SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.' UNDER SUCH STATUTORY PROVISIONS, A MEMBER OF THE PHILIPPINE SCOUTS WHO PERFORMED ACTIVE SERVICE FOR 60 DAYS OR MORE, AND WHO SERVED OUTSIDE THE PHILIPPINE ISLANDS, WAS ENTITLED TO A MUSTERING -OUT PAYMENT OF $150 (THE EQUIVALENT OF 300 PHILIPPINE PESOS).

THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED, DID NOT PRESCRIBE A TIME LIMITATION FOR THE FILING OF CLAIMS BY THOSE MEMBERS OF THE ARMED SERVICES WHO WERE DISCHARGED ON OR AFTER THE DATE OF THE ENACTMENT OF THE ACT (FEBRUARY 3, 1944), AS IN YOUR HUSBAND'S CASE. ALTHOUGH CLAIMS FOR MUSTERING-OUT PAY WHICH WERE PROPERLY FOR PAYMENT UNDER THE ACT WERE GENERALLY PAID BY THE DEPARTMENT CONCERNED, THE ACT CONTAINED NOTHING WHICH PRECLUDED OUR OFFICE FROM SETTLING SUCH CLAIMS ON THE BASIS OF THE DEPARTMENT'S RECOMMENDATION. HENCE, CLAIMS FOR MUSTERING-OUT PAY BASED ON THE SERVICE OF FORMER MEMBERS OF THE ARMED SERVICES WHO WERE DISCHARGED AFTER THE DATE OF THE ENACTMENT OF THE 1944 ACT ARE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, SUCH CLAIMS BEING COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE. A COPY OF THAT ACT IS ENCLOSED.

SINCE THE CLAIM FOR MUSTERING-OUT PAY IN YOUR HUSBAND'S CASE FIRST ACCRUED ON MAY 21, 1949, THE DATE OF HIS DISCHARGE, AND SINCE YOUR CLAIM FOR SUCH MUSTERING-OUT PAY WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 15, 1963, MORE THAN 10 FULL YEARS AFTER MAY 21, 1949, IT WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. UNDER THE SPECIFIC PROVISIONS OF THAT ACT, WE ARE NOT AUTHORIZED TO CONSIDER CLAIMS SO BARRED AND WE MAY GRANT NO EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED. FURTHERMORE, ALTHOUGH THE DEPARTMENT OF THE ARMY AND THE GENERAL ACCOUNTING OFFICE ARE BOTH AGENCIES OF THE GOVERNMENT, THEY ARE SEPARATE AND DISTINCT OFFICES. HENCE, THE FILING OF A CLAIM WITH THE DEPARTMENT OF THE ARMY IS NOT THE FILING OF A CLAIM IN THE GENERAL ACCOUNTING OFFICE WITHIN THE INTENT AND MEANING OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

IN VIEW OF THE PLAIN PROVISIONS OF THE 1940 ACT, AND OF THE INFORMATION FURNISHED IN THIS LETTER, WE TRUST THAT YOU WILL UNDERSTAND THAT THERE IS NO FURTHER ACTION WHICH WE MAY TAKE IN THE MATTER.