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B-160035, SEP. 23, 1966

B-160035 Sep 23, 1966
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GAUDENCIO BELDAD: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 23. THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED OCTOBER 18. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9. ALTHOUGH THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU ENTERED MILITARY SERVICE AS A PHILIPPINE SCOUT. YOUR ENTITLEMENT TO MUSTERING-OUT PAY WAS NOT AFFECTED THEREBY. CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATIONS OF THE ACT OF OCTOBER 9. THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON MAY 20. SINCE THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE MAY 20.

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B-160035, SEP. 23, 1966

TO MR. GAUDENCIO BELDAD:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 23, 1966, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE ON MAY 20, 1949, AS A PHILIPPINE SCOUT. THIS MATTER WAS THE SUBJECT OF OUR LETTERS DATED OCTOBER 18, 1962, AND FEBRUARY 13, 1963, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM WAS BARRED BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A, WHICH ACT READS IN PERTINENT PART:

"/1) EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

YOU NOW CALL OUR ATTENTION TO THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, WHICH YOU CONTEND ENTITLES YOU TO THE MUSTERING-OUT PAY CLAIMED, YOU HAVING BEEN A MEMBER OF THE PHILIPPINE SCOUTS ASSIGNED TO OVERSEAS DUTY MENTIONED IN THAT SECTION.

THE SECTION THAT YOU CITE DOES NOT PERTAIN TO THE PAYMENT OF MUSTERING- OUT PAY. IT RELATES ONLY TO THE AUTHORIZATION FOR ENLISTMENT OF A NUMBER OF PERSONS IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINES AND CERTAIN OVERSEAS AREAS SUBSEQUENT TO OCTOBER 6, 1945. ALTHOUGH THAT SECTION MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU ENTERED MILITARY SERVICE AS A PHILIPPINE SCOUT, YOUR ENTITLEMENT TO MUSTERING-OUT PAY WAS NOT AFFECTED THEREBY.

CLAIMS FOR MUSTERING-OUT PAY ARE SUBJECT TO THE TIME LIMITATIONS OF THE ACT OF OCTOBER 9, 1940, QUOTED ABOVE, REQUIRING RECEIPT OF A CLAIM BY US WITHIN 10 YEARS OF THE DATE SUCH CLAIM FIRST ACCRUED. THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM MILITARY SERVICE ON MAY 20, 1949. SINCE THAT WAS THE DATE YOUR CLAIM FIRST ACCRUED, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE MAY 20, 1959. OUR FILE REFLECTS THAT THE FIRST CLAIM WE RECEIVED FROM YOU CONCERNING MUSTERING- OUT PAY WAS DATED AUGUST 20, 1962, MORE THAN 13 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, CONSIDERATION OF YOUR CLAIM IS PROHIBITED UNDER THE 1940 ACT, AND THE ACTION TAKEN BY OUR CLAIMS DIVISION IN CORRESPONDENCE DATED OCTOBER 18, 1962, AND FEBRUARY 13, 1963, IS SUSTAINED.

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