B-171119, NOV. 19, 1970

B-171119, NOV. 19, 1970

MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY INCIDENT TO SERVICE WITH USAFFE DURING WORLD WAR II AS A STALE CLAIM. REQUEST FOR MUSTERING-OUT PAY MUST BE DENIED SINCE IT WAS NOT RECEIVED WITHIN THE 10 YEARS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. NO SUBSEQUENT STATUTORY PROVISIONS HAVE CREATED ANY EXCEPTIONS TO THE ACT THAT APPLY TO FORMER PHILIPPINE SCOUTS.

TO MR. AGUIDO AMPOGNAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 4, 1969, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT, ARMY OF THE UNITED STATES, FROM JUNE 24, 1946, TO MAY 4, 1949.

YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY IN THE AMOUNT OF $100 WAS FIRST RECEIVED IN THIS OFFICE ON OCTOBER 17, 1962, AND WAS RETURNED TO YOU ON OCTOBER 31, 1962, TOGETHER 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 THE GENERAL ACCOUNTING OFFICE WHICH ARE NOT RECEIVED HERE WITHIN 10 YEARS FROM THE DATE ON WHICH THEY ACCRUE ARE BARRED FROM CONSIDERATION.

IN YOUR LETTER DATED DECEMBER 14, 1962, YOU CONTENDED THAT PUBLIC LAW 180, 84TH CONGRESS, APPROVED JULY 26, 1955, EXTENDED THE TIME FOR FILING CLAIMS FOR MUSTERING-OUT PAY AND CONTENDED YOU WERE DUE A BALANCE OF $150 AS MUSTERING-OUT PAY. HOWEVER, OUR CLAIMS DIVISION ADVISED YOU BY LETTER DATED JANUARY 9, 1963, THAT THE ACT YOU CITED APPLIED ONLY TO THOSE MEMBERS WHO WERE SERVING ON ACTIVE DUTY AFTER JUNE 27, 1950, BUT WERE DISCHARGED PRIOR TO THE EFFECTIVE DATE OF TITLE V OF THE ACT OF JULY 16, 1952, 66 STAT. 688. SINCE YOU WERE DISCHARGED PRIOR TO JUNE 27, 1950, THAT STATUTE DID NOT AFFECT YOUR ENTITLEMENT TO MUSTERING-OUT PAY SINCE ANY ENTITLEMENT WHICH YOU HAD AROSE UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944.

OUR CLAIMS DIVISION ADVISED YOU FURTHER THAT SINCE YOUR CLAIM WAS NOT RECEIVED WITHIN 10 FULL YEARS FROM MAY 29, 1949, DATE OF YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES, IT WAS BARRED FROM CONSIDERATION UNDER THE ACT OF OCTOBER 9 1940, 54 STAT. 1061, AS AMENDED.

IN YOUR LETTER DATED DECEMBER 4, 1969, YOU REFER TO ACT 263 OF THE 88TH CONGRESS, DATED JANUARY 9, 1943, AND APPROVED ON SEPTEMBER 30, 1968, AND TO THE PROVISIONS OF 311-322, TM 502, AS AUTHORITY FOR THE PAYMENT OF $3,600 MUSTERING-OUT PAY DUE MEMBERS OF THE PHILIPPINE SCOUTS, ARMY OF THE UNITED STATES, WITH HONORABLE DISCHARGE FROM THE SERVICE.

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. FURTHERMORE, WE ARE UNABLE TO IDENTIFY THE LAW TO WHICH YOU REFERRED IN YOUR LETTER. THE 88TH CONGRESS WAS IN SESSION IN 1963 AND 1964 AND NEITHER ACT NO. 263, 88TH CONGRESS (PUBLIC LAW 88 263, APPROVED JANUARY 31, 1964) NOR ANY LAW APPROVED ON SEPTEMBER 30, 1968, PERTAINS TO MUSTERING-OUT PAY.

YOU ALSO REFERRED TO THE PROVISIONS OF 311-322 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 PAY ACT OF 1944, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.).

YOUR PREVIOUS CLAIMS FOR ADDITIONAL MUSTERING-OUT PAYMENTS IN THE AMOUNTS OF $100 OR $150 WOULD INDICATE THAT YOU DID RECEIVE MUSTERING OUT PAY IN SOME AMOUNT UPON YOUR DISCHARGE FROM THE SERVICE ON MAY 4, 1949. HOWEVER, EVEN IF YOU WERE ENTITLED TO AN ADDITIONAL MUSTERING OUT PAYMENT UNDER THE MUSTERING-OUT PAY ACT OF 1944, A CLAIM FOR ANY AMOUNT WHICH MAY HAVE BEEN DUE YOU UPON DISCHARGE MAY 4, 1949, IS BARRED UNDER THE TERMS OF THE 1940 BARRING ACT, SINCE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED UPON YOUR DISCHARGE.

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