B-169150, MAR. 18, 1970

B-169150, MAR. 18, 1970

TO MRS. POTENCIANA R. CUYUGAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AS WIDOW OF DELFIN CUYUGAN, BELIEVED DUE INCIDENT TO HIS DISCHARGE FROM MILITARY SERVICE IN 1947. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED FEBRUARY 5, 1963. IN THAT LETTER YOU WERE ADVISED OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CONTEND THAT YOU ARE ENTITLED TO THE MUSTERING-OUT PAY BELIEVED DUE YOUR DECEASED HUSBAND "UNDER THE PROVISIONS OF ACT NO. 263, 88TH CONGRESS, DATED 19 JANUARY 1963, APPROVED ON SEPTEMBER 30, 1965." CANNOT IDENTIFY THE LAW TO WHICH YOU REFER. NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964), NOR ANY LAW ENACTED ON SEPTEMBER 30, 1965, IN ANY WAY RELATES TO MUSTERING-OUT PAY. NO LAW WAS ENACTED OR APPROVED ON JANUARY 19, 1963.

YOU ALSO REFER TO "THE PROVISIONS OF 311-322 OF T. M. MUSTERING OUTPAY LAW." PRESUMABLY, YOU HAVE REFERENCE TO REGULATIONS CONTAINED IN TM 14- 502, CHAPTER 10, SECTION V, MUSTERING-OUT PAYMENTS, WHICH WERE ISSUED UNDER AUTHORITY OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.). SECTION 2 (A) (1) OF THAT ACT PROVIDED FOR A MAXIMUM PAYMENT OF $300 TO OTHERWISE QUALIFIED PERSONS WHO SERVED 60 DAYS OR MORE AND SERVED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. HOWEVER, IF YOUR HUSBAND WAS ENTITLED TO MUSTERING-OUT PAY UNDER THAT ACT, CLAIM THEREFOR, LIKE OTHER CLAIMS FOR MUSTERING-OUT PAY, WAS SUBJECT TO THE TIME LIMITATION IMPOSED BY THE 1940 ACT, WHICH BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

YOU STATE THAT YOUR HUSBAND WAS DISCHARGED FROM MILITARY SERVICE IN JANUARY 1947. THEREFORE, IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM WITHIN 10 YEARS AFTER THE DATE OF HIS DISCHARGE IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON JANUARY 14, 1963, MORE THAN 15 YEARS AFTER THE DATE OF YOUR HUSBAND'S DISCHARGE, THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.