B-166968, JUN. 17, 1969

B-166968, JUN. 17, 1969

TO MR. JOSE C. MANGALA:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 26, 1968, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE YOU UPON DISCHARGE FROM ACTIVE SERVICE ON MAY 5, 1947, AS A MEMBER OF THE PHILIPPINE SCOUTS, ARMY OF THE UNITED STATES.

A SOMEWHAT SIMILAR CLAIM WAS FIRST RECEIVED BY OUR OFFICE ON SEPTEMBER 25, 1957, AND WAS RETURNED TO YOU ON OCTOBER 10, 1957, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

BY LETTERS DATED FEBRUARY 4 AND AUGUST 18, 1966, OUR CLAIMS DIVISION, IN RESPONSE TO FURTHER CORRESPONDENCE FROM YOU RELATIVE TO YOUR CLAIM, ADVISED YOU THAT UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED (31 U.S.C. 71A), YOUR CLAIM WAS BARRED FROM CONSIDERATION BY OUR OFFICE, INASMUCH AS MORE THAN 10 FULL YEARS HAD ELAPSED BETWEEN THE DATE OF YOUR DISCHARGE AND THE DATE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE. WITH RESPECT TO YOUR CLAIM THAT WAS RETURNED TO YOU IN 1957 BECAUSE IT WAS BARRED, YOU WERE ADVISED THAT WHILE YOU MAY HAVE PREVIOUSLY FILED A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT, SUCH FILING WAS NOT CONSIDERED AS A SUFFICIENT COMPLIANCE WITH THE BARRING ACT, SINCE THAT ACT REQUIRES THAT CLAIMS MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE 10-YEAR PERIOD.

IN YOUR LETTER OF DECEMBER 26, 1968, YOU CLAIM EQUILIZATION OF BACK PAY AND MUSTERING-OUT PAY, AS SET FORTH IN PARAGRAPHS 311 TO 322,TECHNICAL MANUAL 502 (14-502) FOR MEMBERS OF THE PHILIPPINE SCOUTS ON ACTIVE DUTY OUTSIDE THE UNITED STATES UNDER THE PROVISIONS OF SECTION 14 OF PUBLIC LAW 190-79TH CONGRESS.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, BARS CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. SINCE YOU WERE DISCHARGED FROM THE PHILIPPINE SCOUTS ON MAY 5, 1947, YOUR CLAIM, WHICH WAS FIRST RECEIVED IN THIS OFFICE ON SEPTEMBER 25, 1957, WHICH IS MORE THAN 10 YEARS FROM DATE OF DISCHARGE, MAY NOT BE CONSIDERED BY THE GENERAL ACCOUNTING OFFICE OR BY ANY AGENCY OF THE UNITED STATES GOVERNMENT. FURTHERMORE, AS YOU HAVE BEEN INFORMED, THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WITHIN THE LIMITATION PERIOD DOES NOT MEET THE REQUIREMENTS OF THE STATUTE. SEE 32 COMP. GEN. 267, COPY ENCLOSED. WE FIND NO STATUTORY PROVISION WHICH EXTENDS THE PERIOD IN WHICH PHILIPPINE SCOUTS MAY FILE CLAIMS FOR BACK PAY OR MUSTERING-OUT PAY BEYOND THE 10-YEAR LIMITATION SET BY THE ACT OF OCTOBER 9, 1940.

YOU ARE ADVISED FURTHER THAT EVEN IF YOUR CLAIM FOR MUSTERING-OUT PAY WAS NOT BARRED, THE MAXIMUM ENTITLEMENT TO MEMBERS OF THE PHILIPPINE SCOUTS WOULD BE 300 PESOS, AS SET FORTH IN TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224. THIS ACT PROVIDES IN PERTINENT PART THAT SUCH PAYMENTS ON ACCOUNT OF SERVICE IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543, SHOULD BE MADE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE MUSTERING-OUT PAYMENT ACT OF 1944, 56 STAT. 8, AS AMENDED.

HOWEVER THAT MAY BE, WE ARE PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, FROM TAKING ANY ACTION ON YOUR CLAIM.