B-171107, NOV. 10, 1970

B-171107, NOV. 10, 1970

MUSTERING-OUT PAY - PHILIPPINE SCOUT SUSTAINING ACTION OF CLAIMS DIVISION INCIDENT TO CLAIM FOR MUSTERING OUT PAY INCIDENT TO DISCHARGE FROM PHILIPPINE SCOUTS IN 1949, WHICH CLAIM WAS NOT RECEIVED IN GAO UNTIL MORE THAN 17 YEARS AFTER CLAIMANTS SEPARATION FROM MILITARY SERVICE.

TO MR. PEDRO F. CASILI:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 10, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS IN 1949.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED SEPTEMBER 7, 1966, AND FEBRUARY 7, 1967. IN THOSE LETTERS YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, DUE TO THE FACT THAT SUCH CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD THERE PRESCRIBED. YOU WERE ALSO ADVISED IN THE LETTER OF FEBRUARY 7, 1967, THAT WHILE YOU MAY HAVE FILED A CLAIM IN 1958 WITH SOME OTHER AGENCY OF THE GOVERNMENT, SUCH FILING MAY NOT BE CONSIDERED AS SUFFICIENT COMPLIANCE WITH THE 1940 ACT.

IN YOUR LETTER OF NOVEMBER 10, 1969, YOU CONTEND THAT YOU ARE ENTITLED TO PAYMENT "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH CONGRESS DATED JANUARY 9, 1963, AND APPROVED ON SEPTEMBER 30, 1968." WE 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, 1968, IN ANY WAY RELATES TO MUSTERING-OUT PAY. NO LAW WAS ENACTED OR APPROVED ON JANUARY 9, 1963.

YOU ALSO REFER TO THE "PROVISION OF 311-322 T.M. 502 MUSTERING OUT PAY LAW." PRESUMABLY YOU HAVE REFERENCE TO REGULATIONS CONTAINED IN TM 14- 502, CHAPTER 10, SECTION V, MUSTERING-OUT PAYMENTS, WHICH RELATE TO 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.

IN YOUR PREVIOUS LETTERS YOU STATED THAT SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543, AUTHORIZED PAYMENT OF MUSTERING OUT PAY TO PHILIPPINE SCOUTS WHO SERVED A TOUR OF DUTY OUTSIDE THE PHILIPPINES, AT THE RATE OF ONE PHILIPPINE PESO FOR EVERY DOLLAR AUTHORIZED BY THE 1944 ACT. THE 1945 ACT CITED BY YOU DOES NOT PERTAIN TO THE PAYMENT OF MUSTERING-OUT PAY. IT RELATES TO THE AUTHORIZATION FOR THE ENLISTMENT OF A NUMBER OF PERSONS IN THE PHILIPPINE SCOUTS FOR DUTY IN THE PHILIPPINES AND CERTAIN AREAS OUTSIDE THE PHILIPPINES ON OR AFTER OCTOBER 6, 1945. ALTHOUGH SECTION 14 OF THE 1945 ACT MAY HAVE BEEN THE AUTHORITY UNDER WHICH YOU ENTERED MILITARY SERVICE AS A PHILIPPINE SCOUT, IT IN NO WAY REFERS TO THE PAYMENT OF MUSTERING-OUT PAY.

YOU STATE THAT YOU WERE SEPARATED FROM MILITARY SERVICE ON FEBRUARY 10, 1949. IT WAS NECESSARY FOR THIS OFFICE TO HAVE RECEIVED YOUR CLAIM ON OR BEFORE FEBRUARY 10, 1959, IN ORDER TO AVOID THE BAR OF THE 1940 ACT. VIEW OF THE FACT THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON AUGUST 15, 1966, MORE THAN 17 YEARS AFTER YOUR SEPARATION FROM MILITARY SERVICE, THERE IS NO FURTHER ACTION THIS OFFICE MAY TAKE ON SUCH CLAIM.