B-168127, NOV. 25, 1969

B-168127, NOV. 25, 1969

TO MR. BRIGIDO A. ENOJO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE AS A PHILIPPINE SCOUT IN THE USAFFE ON FEBRUARY 13, 1946.

YOUR CLAIM FOR MUSTERING-OUT PAY DATED NOVEMBER 14, 1966, WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JANUARY 3, 1967, MORE THAN 10 FULL YEARS AFTER THE DATE OF YOUR DISCHARGE, WHEN THE CLAIM FIRST ACCRUED. BY LETTER DATED JANUARY 18, 1967, YOUR CLAIM WAS RETURNED TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. FURTHER LETTERS DATED MAY 14 AND SEPTEMBER 6, 1968, ADVISED YOU THAT UNDER THE ACT OF OCTOBER 9, 1940, ANY CLAIM AGAINST THE UNITED STATES NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED WAS FOREVER BARRED FROM CONSIDERATION AND THAT UNDER THAT ACT OUR OFFICE MAY MAKE NO EXCEPTION TO ITS PROVISIONS.

IN YOUR LETTER OF JULY 7, 1969, YOU AGAIN CLAIM MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE ON FEBRUARY 13, 1946. THIS CLAIM IS FOR $3,600 WHICH YOU SAY IS AUTHORIZED UNDER THE PROVISIONS OF ACT NO. 263 OF THE 88TH CONGRESS DATED JANUARY 9, 1963, AND APPROVED ON SEPTEMBER 30, 1965. YOU SAY THAT UNDER THE PROVISIONS OF "311-322 OF T.R. 502 MUSTERING OUTPAY LAW," FORMER MEMBERS OF THE PHILIPPINE SCOUTS ARE ENTITLED TO SUCH PAY.

PLEASE BE ADVISED THAT WE CANNOT IDENTIFY EITHER THE LAW OR REGULATIONS TO WHICH YOU REFER. NO PUBLIC LAW ENACTED DURING THE FIRST SESSION OF THE 89TH CONGRESS WAS APPROVED PRIOR TO MARCH 6, 1963, AND OF THE THREE ACTS APPROVED ON SEPTEMBER 30, 1965, DURING THE FIRST SESSION OF THE 89TH CONGRESS, NONE REFERRED TO MUSTERING-OUT PAY. PARAGRAPHS 311-322, TM 14- 502, AUGUST 14, 1946, HAVE NO APPLICATION TO YOUR CASE.

ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED WAS AUTHORIZED BY THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 (1946 ED.), AND YOUR CLAIM FOR SUCH PAY ACCRUED AT THE TIME OF YOUR DISCHARGE. THIS ACT PROVIDED FOR A MAXIMUM OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. UNDER TITLE II OF THE ACT OF MAY 27, 1946, 60 STAT. 223, THE BENEFITS OF THE 1944 ACT WERE MADE APPLICABLE TO THOSE PERSONS WHO SERVED IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 543, AND THEY WERE TO BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH AMERICAN DOLLAR AUTHORIZED BY SUCH LAW, OR A MAXIMUM OF 300 PESOS.

UNDER THE PROVISIONS OF 31 U.S.C. 71, THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO SETTLE AND ADJUST ALL CLAIMS AGAINST THE UNITED STATES. THIS AUTHORITY INCLUDES CLAIMS FOR MUSTERING-OUT PAY BY FORMER MEMBERS WHO WERE DISCHARGED AFTER THE ENACTMENT OF THE 1944 ACT AND SUCH CLAIMS WERE SUBJECT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.

AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE ACT OF OCTOBER 9, 1940, BARS CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. SINCE YOUR CLAIM WAS FIRST RECEIVED IN THIS OFFICE ON JANUARY 3, 1967, WHICH IS MORE THAN 10 YEARS FROM FEBRUARY 13, 1946, THE DATE OF YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS, OUR OFFICE IS PRECLUDED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, FROM TAKING ANY ACTION ON YOUR CLAIM.

ACCORDINGLY, THE ACTION OF OUR CLAIMS DIVISION ON YOUR CLAIM IS SUSTAINED.