B-170254, AUG. 13, 1970

B-170254, AUG. 13, 1970

MUSTERING-OUT PAY DECISION TO A FORMER PHILIPPINE SCOUT WHO SERVED AS A MEMBER IN THE UNIFORMED SERVICES, SUSTAINING THE DISALLOWANCE OF A CLAIM FOR MUSTERING- OUT PAY AND OVERSEAS PAY IN THE AMOUNT OF $3,600 BELIEVED DUE FOR SERVICES FROM JUNE 15, 1946 TO MARCH 9, 1949, INCIDENT TO DISCHARGE. FORMER PHILIPPINE SCOUT WHO CLAIMS ADDITIONAL MUSTERING-OUT PAY AND FOREIGN SERVICE PAY MAY NOT HAVE CLAIM CONSIDERED.

TO MR. JESUS S. PACTURAN

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 9, 1970, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY AND OVERSEAS PAY IN THE AMOUNT OF $3,600 INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT, ARMY OF THE UNITED STATES, FROM JUNE 15, 1946, TO MARCH 9, 1949. YOU SAY THE AMOUNT CLAIMED IS DUE YOU UNDER ACT NO. 263, 88TH CONGRESS, DATED JANUARY 9, 1963, AND APPROVED SEPTEMBER 30, 1968.

ALSO YOUR LETTER OF AUGUST 25, 1969, TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CLAIMING MUSTERING "EQUALIZATION" PAY AND OVERSEAS PAY AS A PHILIPPINE SCOUT UNDER REPUBLIC ACT NO. 89-622, UNITED STATES, APPROVED MAY 1969, HAS BEEN FORWARDED TO THIS OFFICE FOR REPLY.

YOUR CLAIM FOR DIFFERENCE IN PAY, FOREIGN SERVICE PAY AND ADDITIONAL MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE FROM WHICH YOU WERE DISCHARGED AS A PHILIPPINE SCOUT ON MARCH 9, 1949, WAS FIRST RECEIVED IN THIS OFFICE IN 1963 AND WAS RETURNED TO YOU ON AUGUST 30, 1963, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A. THAT ACT PROVIDES THAT CLAIMS COGNIZABLE BY THIS OFFICE WHICH ARE NOT RECEIVED HERE WITHIN 10 YEARS FROM THE DATE ON WHICH THEY ACCRUE ARE BARRED.

BY LETTER OF NOVEMBER 3, 1965, OUR CLAIMS DIVISION ADVISED YOU THAT A SIMILAR CLAIM RECEIVED OCTOBER 13, 1965, WAS ALSO BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, BECAUSE YOUR FIRST CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS FROM THE DATE IT FIRST ACCRUED, THE DATE OF YOUR DISCHARGE. YOU WERE FURTHER ADVISED THAT ACCORDING TO THE PLAIN TERMS OF THE LAW, THE CLAIM WAS BARRED AND COULD NOT BE CONSIDERED.

CONCERNING YOUR LETTER DATED JANUARY 9, 1970, WE ARE NOT AWARE OF ANY STATUTORY PROVISION FOR THE PAYMENT OF $3,600 AS MUSTERING-OUT PAY TO MEMBERS OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS. WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFERRED IN THAT LETTER (ACT NO. 263, 88TH CONGRESS, DATED JANUARY 9, 1963, AND APPROVED SEPTEMBER 30, 1968). NEITHER CAN WE IDENTIFY THE LAW CITED IN THE LETTER DATED AUGUST 25, 1969, TO THE FINANCE CENTER, U.S. ARMY (REPUBLIC ACT NO. 89 622, UNITED STATES, APPROVED MAY 1969).

PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964), HAS NO RELATION TO MUSTERING-OUT PAY OR TO ANY OTHER PAY THAT MAY BE DUE MEMBERS OF THE ARMED SERVICES. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9, 1963. PUBLIC LAW 89-622 WHICH WAS APPROVED OCTOBER 4, 1966, AND NOT MAY, 1969, DOES NOT PERTAIN TO MUSTERING-OUT PAY.

YOU ALSO REFERRED IN YOUR LETTER OF JANUARY 9, 1970, TO THE PROVISIONS OF 311-320 T.M. MUSTERING-OUT PAY LAW. PRESUMABLY, YOU HAVE REFERENCE TO SECTION V, CHAPTER 10, T.M. 14-502, WHICH CONTAINS REGULATIONS RELATING TO MUSTERING-OUT PAYMENTS UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.). IT IS TO BE NOTED THAT IN A PREVIOUS LETTER YOU STATED YOU HAD BEEN PAID MUSTERING-OUT PAY IN THE SUM OF $50 AND BELIEVED YOU WERE DUE AN ADDITIONAL $50. HOWEVER, EVEN IF YOU WERE ENTITLED TO AN ADDITIONAL MUSTERING-OUT PAYMENT UNDER THAT ACT AND REGULATIONS, A CLAIM THEREFOR AND FOR PAY AND ALLOWANCES WHICH MAY HAVE BEEN DUE YOU UPON DISCHARGE MARCH 8, 1949, IS BARRED UNDER THE TERMS OF THE 1940 ACT, SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED UPON YOUR DISCHARGE.

SINCE YOUR CLAIM IS LEGALLY BARRED THERE IS NO ACTION WE MAY TAKE IN THE MATTER.