B-171336, JAN 15, 1971

B-171336: Jan 15, 1971

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THE CLAIM WAS NOT RECEIVED BY GAO UNTIL OCT. 7. THERE IS NO ACTION THAT GAO MAY TAKE DUE TO THE 10-YEAR LIMITATION PERIOD IMPOSED BY THE ACT OF OCT. 9. PACIFICO MANABAT: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 6. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30. IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9. SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT. CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH CONGRESS DATED 9 JANUARY 1963.

B-171336, JAN 15, 1971

MUSTERING-OUT PAY DENIAL OF CLAIM ON BASIS OF THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE ACT OF OCT. 9, 1940. WHERE CLAIM FOR MUSTERING-OUT PAY ACCRUED ON APRIL 19, 1949, BUT THE CLAIM WAS NOT RECEIVED BY GAO UNTIL OCT. 7, 1964, THERE IS NO ACTION THAT GAO MAY TAKE DUE TO THE 10-YEAR LIMITATION PERIOD IMPOSED BY THE ACT OF OCT. 9, 1940.

TO MR. PACIFICO MANABAT:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 6, 1969, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED OCTOBER 30, 1964, AUGUST 2, 1966, AND MAY 14, 1969, IN WHICH YOU WERE ADVISED THAT CONSIDERATION OF YOUR CLAIM FOR SUCH PAY WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

CONCERNING YOUR APPARENT BELIEF THAT YOU ARE ENTITLED TO MUSTERING OUT PAY "UNDER THE PROVISION OF ACT NO. 263 OF THE 88TH CONGRESS DATED 9 JANUARY 1963, APPROVED 30 SEPTEMBER, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964, AND HAD NOTHING TO DO WITH MUSTERING-OUT PAY), NOR ANY OTHER LAW OF WHICH WE ARE AWARE AUTHORIZES THE PAYMENT OF YOUR CLAIM. ANY RIGHT YOU MAY HAVE HAD TO MUSTERING-OUT PAY ACCRUED UNDER THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691 ET SEQ. (1946 ED.), AND IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPHS 313-322 OF T.M. 14 502. HOWEVER, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 10-YEAR LIMITATION PERIOD PRESCRIBED BY THE 1940 ACT.

IN VIEW OF THE FACT THAT YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON OCTOBER 7, 1964, MORE THAN 15 YEARS AFTER THE DATE OF YOUR DISCHARGE ON APRIL 19, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.

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