B-167702, JUN. 10, 1970

B-167702, JUN. 10, 1970

TO MR. MATIAS C. CASAS:

IN YOUR LETTER OF JULY 21, 1969, YOU REQUEST RECONSIDERATION OF OUR CLAIMS DIVISION LETTER OF JUNE 16, 1969, WHICH DENIED YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE AS A PHILIPPINE SCOUT.

THE RECORDS SHOW THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS ON MAY 14, 1946, SERVED OVERSEAS FROM DECEMBER 6, 1946, TO APRIL 12, 1948, AND THAT YOU WERE HONORABLY DISCHARGED ON APRIL 23, 1949.

IN YOUR LETTER OF SEPTEMBER 4, 1952, TO THE ADJUTANT GENERAL OF THE UNITED STATES ARMY YOU REQUESTED INFORMATION AS TO THE BENEFITS WHICH FORMER PHILIPPINE SCOUTS WHO SERVED OVERSEAS WERE ENTITLED. THAT LETTER WAS REFERRED TO THIS OFFICE ON FEBRUARY 26, 1953. THE LETTER WAS CONSIDERED AS A CLAIM FOR FOREIGN SERVICE PAY INCIDENT TO YOUR SERVICE AND BY SETTLEMENT DATED DECEMBER 8, 1953, FOREIGN SERVICE PAY WAS DISALLOWED AS NO PROVISION OF LAW OR REGULATION AUTHORIZED SUCH PAY FOR THE PHILIPPINE SCOUTS.

ON SEPTEMBER 7, 1968, YOU WROTE TO THE FINANCE CENTER, UNITED STATES ARMY, AND CLAIMED MUSTERING-OUT PAY OF $3,600, BELIEVED DUE YOU BECAUSE OF YOUR SERVICE. YOUR LETTER WAS REFERRED TO THIS OFFICE ON APRIL 28, 1969, AND BY CLAIMS DIVISION LETTER OF JUNE 16, 1969, YOUR CLAIM WAS DENIED ON THE BASIS THAT YOU WERE PAID $100 AS MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS AND ARE NOT ENTITLED TO AN ADDITIONAL AMOUNT. YOU NOW CLAIM THAT YOU WERE ENTITLED TO MUSTERING-OUT PAY OF $300 AS AN HONORABLY DISCHARGED PHILIPPINE SCOUT WITH OVERSEAS SERVICE AND REQUEST FURTHER CONSIDERATION ON THAT BASIS.

THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, PROVIDES THAT EVERY CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE (WITH CERTAIN EXCEPTIONS NOT APPLICABLE HERE) SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN SAID OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

SINCE YOUR LETTER OF SEPTEMBER 7, 1968, RECEIVED IN THIS OFFICE ON APRIL 28, 1969, WAS THE FIRST CLAIM RECEIVED FROM YOU FOR MUSTERING-OUT PAY AND WAS NOT PRESENTED WITHIN 10 YEARS FROM THE DATE OF YOUR DISCHARGE, SUCH CLAIM IS BARRED BY THE 1940 ACT. IT MAY BE STATED, HOWEVER, THE MUSTERING -OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 (1946 ED.) AUTHORIZED MUSTERING-OUT PAYMENTS TO MEMBERS OF THE ARMED FORCES IN THE AMOUNT OF $100 TO MEMBERS PERFORMING ACTIVE SERVICE FOR LESS THAN 60 DAYS; $200 TO MEMBERS SERVING MORE THAN 60 DAYS WITHIN THE UNITED STATES; AND $300 TO PERSONS SERVING MORE THAN 60 DAYS, WHO SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. FOR THOSE MEMBERS RECEIVING $300, IT PROVIDED THAT ONE THIRD OF THE AMOUNT SHOULD BE PAID AT THE TIME OF DISCHARGE AND THAT THE OTHER TWO-THIRDS SHOULD BE PAID IN TWO EQUAL INSTALLMENTS--ONE MONTH AND TWO MONTHS RESPECTIVELY, FROM THE DATE OF THE ORIGINAL PAYMENT. THIS ACT WAS MADE APPLICABLE BY THE PROVISIONS OF TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223-224, TO SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 538, 543, BUT PAYMENT WAS AUTHORIZED AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE MUSTERING-OUT PAYMENT ACT OF 1944.

IN ACCORDANCE WITH TITLE II OF THE ACT OF MAY 27, 1946, AS A PHILIPPINE SCOUT WITH OVERSEAS SERVICE, YOU WERE ELIGIBLE FOR THE MAXIMUM MUSTERING- OUT PAYMENT OF 300 PESOS, NOT $300 AS YOU MAY HAVE UNDERSTOOD FROM OUR CLAIMS DIVISION LETTER OF JUNE 16, 1969. YOU WERE ENTITLED TO A FIRST INSTALLMENT OF 100 PESOS UPON SEPARATION FROM THE SERVICE. YOUR FINAL PAY VOUCHER SHOWS THAT $50 MUSTERING-OUT PAY (100 PESOS CONVERTED INTO $50 AT EXCHANGE RATE OF TWO PESOS TO THE DOLLAR) WAS INCLUDED IN YOUR FINAL PAY WHICH TOTALED $181.78.

THE VOUCHER ALSO SHOWS THAT THERE WAS $100 (200 PESOS) DUE YOU AS MUSTERING-OUT PAY. WHILE THE RECORD IS NOT ENTIRELY CLEAR, SUCH AMOUNT PRESUMABLY WAS THE BALANCE OF MUSTERING-OUT PAY TO BE PAID TO YOU IN TWO EQUAL INSTALLMENTS ONE MONTH AND TWO MONTHS AFTER YOUR DISCHARGE. IT IS ASSUMED THAT THE CHECKS COVERING THESE PAYMENTS WERE MAILED TO YOU IN DUE COURSE UNDER THE PROCEDURE IN EFFECT AT THAT TIME. SUCH CHECKS, HOWEVER, HAVE NOW BEEN DESTROYED PURSUANT TO LAW BECAUSE OF THEIR AGE AND ARE NO LONGER AVAILABLE TO VERIFY THE PAYMENTS.

THEREFORE, THE RECORDS INDICATE THAT YOU WERE PAID THE AMOUNT OF MUSTERING-OUT PAY TO WHICH YOU WERE ENTITLED. HOWEVER THAT MAY BE, YOUR CLAIM IS NOW BARRED FROM FURTHER CONSIDERATION BY THE ACT OF OCTOBER 9, 1940. WE REGRET THE DELAY IN DISPOSING OF YOUR CLAIM, SUCH DELAY HAVING RESULTED FROM A SEARCH OF THE RECORDS CONCERNING THE MATTER.