B-171254, FEB 17, 1971
Highlights
A CLAIM FOR MUSTERING-OUT PAY MUST BE RECEIVED BY GAO WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUED AND THE FACT THAT THE CLAIM MAY HAVE BEEN FILED WITH THE U.S. LARUAN: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 17. YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7. THAT YOUR CLAIM WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9. WAS SENT TO YOU FROM SETTLEMENT OPERATIONS. THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE U.S. IT WAS NECESSARY. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON DECEMBER 4.
B-171254, FEB 17, 1971
MUSTERING-OUT PAY DENYING CLAIM FOR MUSTERING-OUT PAY, BASED ON 10-YEAR LIMITATION PERIOD. UNDER THE ACT OF OCTOBER 9, 1940, A CLAIM FOR MUSTERING-OUT PAY MUST BE RECEIVED BY GAO WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUED AND THE FACT THAT THE CLAIM MAY HAVE BEEN FILED WITH THE U.S. ARMY FINANCE CENTER WITHIN THAT PERIOD, DOES NOT IN ANY WAY AFFECT THE OPERATION OF THE BARRING ACT. THE PREVIOUS DECISION DENYING THE CLAIM MUST THEREFORE BE AFFIRMED.
TO MR. HONORATO L. LARUAN:
REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 17, 1971, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON MARCH 2, 1949. YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7, 1970, B-171254, THAT YOUR CLAIM WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS AMENDED, 31 U.S.C. 71A.
YOU URGE THAT THE PROVISIONS OF THE BARRING ACT DO NOT APPLY BECAUSE YOU RECEIVED A NOTIFICATION CARD IN 1957 THAT YOUR CLAIM HAD BEEN RECEIVED, WHICH CARD YOU ENCLOSED WITH YOUR LETTER TO THIS OFFICE, DATED JANUARY 28, 1968.
A REVIEW OF OUR FILE SHOWS THAT THE NOTIFICATION CARD TO WHICH YOU REFER, WAS SENT TO YOU FROM SETTLEMENT OPERATIONS, UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, THEIR REFERENCE NO. FINCT-E-4, ACKNOWLEDGING THAT A CLAIM MADE BY YOU HAD BEEN RECEIVED BY THAT ORGANIZATION.
THE FACT THAT YOU MAY HAVE FILED A CLAIM WITH THE U.S. ARMY FINANCE CENTER, OR FOR THAT MATTER, ANY AGENCY OF THE UNITED STATES GOVERNMENT OTHER THAN THIS OFFICE DOES NOT IN ANY WAY AFFECT THE OPERATION OF THE BARRING ACT. THAT ACT REQUIRES THAT IN ORDER FOR A CLAIM TO BE CONSIDERED ON ITS MERITS, THAT CLAIM MUST BE RECEIVED IN THE U.S. GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM FIRST ACCRUED ON YOUR DATE OF DISCHARGE, MARCH 2, 1949, IT WAS NECESSARY, IN ORDER TO AVOID THE CONSEQUENCES OF THE BARRING ACT THAT YOUR CLAIM FOR MUSTERING-OUT PAY BE RECEIVED IN THIS OFFICE ON OR BEFORE MARCH 2, 1959. OUR FILE SHOWS THAT YOUR CLAIM FOR MUSTERING-OUT PAY WAS FIRST RECEIVED HERE ON DECEMBER 4, 1967, MORE THAN 18 YEARS AFTER YOUR DISCHARGE. AS A RESULT, THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBIT CONSIDERATION OF YOUR CLAIM BY OUR OFFICE.
YOUR LETTER OF JANUARY 17, 1971, PRESENTS NO MATTERS NOT PREVIOUSLY CONSIDERED AND ACCORDINGLY WE ADHERE TO OUR DECISION OF DECEMBER 7, 1970.