B-170747, SEP. 30, 1970

B-170747, SEP. 30, 1970

MUSTERING-OUT PAY - BARRED CLAIM CLAIM FOR MUSTERING-OUT PAY DUE INCIDENT TO DISCHARGE FROM MILITARY SERVICE IN 1949 IS BARRED UNDER 31 U.S.C. 71A. ALSO CLAIM WOULD BE BARRED UNDER 38 U.S.C. 691 ET SEQ.

TO MR. ENGRACIO ABAGAT:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN 1949. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR REPLY.

OUR RECORDS INDICATE THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 18, 1959, JUNE 6, 1960, OCTOBER 25, 1962, JANUARY 24, 1963, AND AUGUST 24, 1966. IN THOSE LETTERS 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 MUSTERING-OUT PAY "UNDER THE PROVISION OF ACT NO. 268 OF THE 88TH CONGRESS DATED 9 JANUARY 1963, APPROVED ON SEPTEMBER 30, 1965." WE CANNOT IDENTIFY THE LAW TO WHICH YOU REFER. NEITHER PUBLIC LAW 88-268 (WHICH WAS APPROVED FEBRUARY 10, 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 9, 1963.

YOU ALSO REFER TO "THE PROVISIONS OF 311-322 OF T.N. 502 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 YOU WERE 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 YOU WERE DISCHARGED FROM MILITARY SERVICE ON MAY 18, 1949. ANY CLAIM YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED AT THAT TIME AND IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM WITHIN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE IN ORDER TO AVOID THE BAR OF THE 1940 ACT. IT APPEARING THAT YOUR CLAIM WAS FIRST RECEIVED HERE ON SEPTEMBER 4, 1959, MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE, THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.