B-143464, JUL. 25, 1960

B-143464, JUL. 25, 1960

TO MR. JUAN H. SORIANO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 16, 1960, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR DISCHARGE APRIL 19, 1947, AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS.

YOUR CLAIM WAS FIRST RECEIVED NOVEMBER 20, 1957, IN OUR CLAIMS DIVISION, HAVING BEEN FORWARDED BY LETTER DATED NOVEMBER 12, 1957, FROM THE DEPARTMENT OF THE ARMY. THE CLAIMS DIVISION RETURNED THE CLAIM TO YOU JANUARY 7, 1958, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. AFTER THE RECEIPT OF YOUR LETTER OF FEBRUARY 8, 1958, CONCERNING THE MATTER, THE CLAIMS DIVISION ADVISED YOU ON MARCH 7, 1958, THAT UNDER THE ACT OF OCTOBER 9, 1940, A CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IS BARRED UNLESS RECEIVED IN THAT OFFICE WITHIN TEN FULL YEARS AFTER IT FIRST ACCRUED. SINCE YOUR CLAIM ACCRUED APRIL 19, 1947, THE DATE OF YOUR DISCHARGE, IT HAD TO BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OR BEFORE APRIL 19, 1957, OR BE FOREVER BARRED.

ANY RIGHT YOU HAD TO RECEIVE MUSTERING-OUT PAY ACCRUED APRIL 19, 1947, THE DATE OF YOUR DISCHARGE AND A CLAIM FOR SUCH PAY WAS NOT FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS FROM THAT DATE. AS YOU WERE ADVISED PREVIOUSLY CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940, WHICH ARE APPLICABLE TO "EVERY CLAIM," AND SUCH ACT PERMITS NO EXCEPTIONS.