B-159789, DEC. 21, 1966

B-159789, DEC. 21, 1966

TO MRS. EUGENIA C. VDA DE LAURENTE:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 19, 1966, PERTAINING TO YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOUR LATE SON, FRANCISCO LAURENTE, FOR ACTIVE SERVICE AS A PHILIPPINE SCOUT FROM AUGUST 23, 1946, THROUGH MAY 17, 1949.

IN YOUR LETTER, YOU REFER TO OUR DECISION OF AUGUST 23, 1966, B 159789, AND ENCLOSE A COPY OF DD FORM 1096, A VOUCHER EVIDENCING PAYMENT OF $50 TO YOU SEPTEMBER 12, 1958, AS A THIRD INSTALLMENT OF MUSTERING-OUT PAY BASED ON THE FOREIGN SERVICE OF YOUR SON. YOU THEREFORE REQUEST REVIEW OF YOUR CLAIM SO THAT YOU WILL RECEIVE THE MAXIMUM MUSTERING-OUT PAY DUE WHICH YOU APPARENTLY BELIEVE IS $300.

AS STATED IN OUR DECISION OF AUGUST 23, 1966, TO YOU, INASMUCH AS YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED IN OUR OFFICE ON NOVEMBER 1, 1965, THE CLAIM IS BARRED AND WE ARE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION THEREON. ALSO, THE FACT THAT YOU FILED A CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1958 IS NOT A SUFFICIENT COMPLIANCE WITH THE ACT, WHICH REQUIRES THAT CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE. SEE 32 COMP. GEN. 267, COPY ENCLOSED.

HOWEVER, EVEN IF YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY WAS NOT BARRED, YOUR APPARENTLY WOULD NOT BE ENTITLED TO ANY ADDITIONAL AMOUNT. THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, WHICH WAS MADE APPLICABLE TO PHILIPPINE SCOUTS UNDER THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224, AUTHORIZED MUSTERING-OUT PAYMENT IN THE AMOUNT OF $100 TO MEMBERS PERFORMING ACTIVE SERVICE FOR LESS THAN 60 DAYS; $200 FOR MEMBERS SERVING MORE THAN 60 DAYS WITHIN THE UNITED STATES, AND $300 FOR PERSONS SERVING MORE THAN 60 DAYS, WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.

TITLE II OF THE ACT OF MAY 27, 1946, REFERRED TO ABOVE, PROVIDED IN PERTINENT PART (1) THAT FOR THE PURPOSE OF COMPUTING MUSTERING-OUT PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543, 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 SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT.

UNDER THE ABOVE PROVISIONS, A PHILIPPINE SCOUT WHO SERVED MORE THAN 60 DAYS AND WHO SERVED OUTSIDE THE PHILIPPINE ISLANDS WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF $150, THE EQUIVALENT OF 300 PHILIPPINE PESOS. SINCE THE VOUCHER YOU FORWARDED INDICATES THAT YOUR SON RECEIVED $100 MUSTERING-OUT PAY UPON DISCHARGE, THE EQUIVALENT OF 200 PESOS, AND YOU WERE PAID $50 ON SEPTEMBER 12, 1958, EQUALLING AN ADDITIONAL 100 PESOS, IT APPEARS THAT THE MAXIMUM AMOUNT AUTHORIZED HAS BEEN PAID INCIDENT TO YOUR SON'S SERVICE. THE D.D. FORM 1096 IS RETURNED AS REQUESTED.