B-150876, MAR. 26, 1963

B-150876, MAR. 26, 1963

TO MR. GIDEON N. LUCAS:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6, 1963, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR THE FINAL INSTALLMENT OF MUSTERING-OUT PAY OF $50 BELIEVED TO BE DUE INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS DURING THE PERIOD AUGUST 15, 1946, TO APRIL 6, 1949.

YOUR CLAIM RECEIVED HERE ON DECEMBER 21, 1959, WAS DISALLOWED BECAUSE IT WAS NOT FILED WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061.

YOU REFER TO THE ACT OF JULY 26, 1955, CH. 388, 69 STAT. 380, WHICH AMENDED SECTION 503 OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, APPROVED JULY 16, 1952, CH. 875, 66 STAT. 690, TO EXTEND THE TIME FOR FILING CLAIMS FOR THE MUSTERING-OUT PAYMENTS THERE AUTHORIZED BY STRIKING OUT "WITHIN TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS TITLE" AND INSERTING IN LIEU THEREOF "ON OR BEFORE JULY 16, 1956.' IT APPEARS TO BE YOUR VIEW THAT THIS AMENDMENT SERVES AS AUTHORITY FOR THE FAVORABLE CONSIDERATION OF YOUR CLAIM. THE LATTER DATE WAS CHANGED TO JULY 16, 1959, BY THE ACT OF AUGUST 14, 1958, PUB.L. 85-638, 72 STAT. 593.

THE PROVISIONS OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"SEC. 501. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH MEMBER OF THE ARMED FORCES WHO SHALL HAVE BEEN ENGAGED IN ACTIVE SERVICE ON OR AFTER JUNE 27, 1950, AND PRIOR TO SUCH DATE AS SHALL BE DETERMINED BY PRESIDENTIAL PROCLAMATION OR CONCURRENT RESOLUTION OF THE CONGRESS, AND WHO IS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS, SHALL BE ELIGIBLE TO RECEIVE MUSTERING-OUT PAYMENT.

"SEC. 503. ANY MEMBER OF THE ARMED FORCES ENTITLED TO MUSTERING-OUT PAYMENT WHO SHALL HAVE BEEN DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE THE EFFECTIVE DATE OF THIS TITLE SHALL, IF APPLICATION THEREFOR IS MADE WITHIN TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS TITLE, BE PAID SUCH MUSTERING-OUT PAYMENT BY THE DEPARTMENT OF THE ARMY, NAVY, OR AIR FORCE, * * *.'

IT IS CLEAR THAT UNDER THOSE PROVISIONS OF LAW THE MUSTERING-OUT PAY THERE PRESCRIBED ONLY WAS REQUIRED TO BE PAID TO MEMBERS OF THE ARMED FORCES WHO WERE IN ACTIVE SERVICE ON OR AFTER JUNE 27, 1950. YOU WERE NOT A MEMBER OF THE ARMED FORCES ON OR AFTER THAT DATE. MEMBERS WHO WERE IN ACTIVE SERVICE ON OR AFTER THAT DATE AND WHO HAD BEEN DISCHARGED OR RELIEVED FROM SUCH SERVICE UNDER HONORABLE CONDITIONS PRIOR TO JULY 16, 1952, THE EFFECTIVE DATE OF THE ACT, WERE ENTITLED TO PAYMENT OF THE MUSTERING-OUT PAY AUTHORIZED UNDER THAT ACT IF APPLICATION THEREFOR WAS FILED PRIOR TO JULY 16, 1954. SINCE THE EFFECT OF THE 1955 ACT CITED BY YOU, LATER AMENDED BY THE ACT OF AUGUST 14, 1958, WAS TO EXTEND THAT FILING PERIOD UNTIL JULY 16, 1959, THAT ACT, AS AMENDED, COULD NOT HAVE AFFECTED YOUR RIGHTS IN ANY EVENT SINCE YOUR CLAIM WAS NOT FILED WITH THE DEPARTMENT OF THE ARMY UNTIL NOVEMBER 1959.

YOUR CLAIM IS BASED ON THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 10, AS AMENDED, 38 U.S.C. 691-691G (1952 ED.), AND YOUR RIGHTS ARE GOVERNED BY THE ACT OF OCTOBER 9, 1940, UNDER WHICH YOUR CLAIM IS BARRED FROM CONSIDERATION. ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS ..END :