B-171753, FEB 9, 1971
Highlights
MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM WAS NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9. ZOSIMO VILLADAREZ: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 29. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 18 AND MAY 19. 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 PROVISIONS OF ACT NO. 263.
B-171753, FEB 9, 1971
MUSTERING-OUT PAY DENIAL OF CLAIM FOR MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO DISCHARGE FROM THE PHILIPPINE SCOUTS ON BASIS THAT CLAIM WAS NOT ASSERTED WITHIN 10 YEARS FROM THE DATE IT ACCRUED AS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A.
TO MR. ZOSIMO VILLADAREZ:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 29, 1970, ADDRESSED TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600, BELIEVED DUE INCIDENT TO YOUR DISCHARGE FROM THE PHILIPPINE SCOUTS ON FEBRUARY 22, 1949.
THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED MARCH 18 AND MAY 19, 1966, 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 PROVISIONS OF ACT NO. 263, OF THE 88TH CONGRESS OF THE UNITED STATES DATED JANUARY 9, 1964 AND APPROVED SEPTEMBER 30, 1965," YOU ARE ADVISED THAT NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED ON 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 FEBRUARY 17, 1966, ALMOST 17 YEARS AFTER THE DATE OF YOUR DISCHARGE ON FEBRUARY 22, 1949, THERE IS NO FURTHER ACTION THIS OFFICE MAY LEGALLY TAKE ON YOUR CLAIM.