B-172037, MAR 16, 1971

B-172037, MAR 16, 1971

MUSTERING OUT PAY DECISION DENYING CLAIM FOR ADDITIONAL MUSTERING-OUT PAY DUE TO BAR IMPOSED BY ACT OF OCTOBER 9, 1940. THE RECORD INDICATES THAT CLAIMANT WAS PAID $50 IN MUSTERING-OUT PAY AT THE TIME OF DISCHARGE AND ANY ADDITIONAL CLAIMS UNDER THE MUSTERING OUT PAYMENT ACT OF 1944 ARE SUBJECT TO THE 10-YEAR LIMITATION PERIOD IMPOSED BY THE ACT OF OCTOBER 9, 1940. THEREFORE, THERE IS NO FURTHER ACTION THAT THE COMP. GEN. MAY TAKE IN THIS MATTER.

TO MR. MODESTO L. PURUGGANAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 4, 1970, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. IN THAT LETTER YOU CLAIM MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 WHICH YOU BELIEVE IS DUE INCIDENT TO YOUR SERVICE WITH THE PHILIPPINE SCOUTS FROM MAY 3, 1946, TO MARCH 23, 1949.

YOUR CLAIM FOR MUSTERING-OUT PAY WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED JULY 17 AND DECEMBER 27, 1967, AND JUNE 4, 1969, IN WHICH YOU WERE INFORMED THAT CONSIDERATION OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN THE 10-YEAR LIMITATION PERIOD PRESCRIBED IN THAT ACT.

YOU NOW CLAIM MUSTERING-OUT PAY "AUTHORIZED UNDER THE PROVISION OF ACT NO. 263 88TH US CONGRESS, DATED 9 JANUARY 1963, AS APPROVED SEPTEMBER 1965." NEITHER PUBLIC LAW 88-263 (WHICH WAS APPROVED JANUARY 31, 1964, AND IN NO WAY RELATES TO 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 TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223. IMPLEMENTING REGULATIONS ARE CONTAINED IN PARAGRAPHS 313 322 OF WAR DEPARTMENT TECHNICAL MANUAL 14-502.

UNDER THOSE PROVISIONS OF LAW AND REGULATIONS A MEMBER OF THE PHILIPPINE SCOUTS WHO PERFORMED ACTIVE SERVICE FOR 60 DAYS OR MORE, NO PART OF WHICH WAS SERVED OUTSIDE THE PHILIPPINE ISLANDS, WAS ENTITLED TO A MUSTERING-OUT PAYMENT IN THE AMOUNT OF 200 PHILIPPINE PESOS ($100), ONE-HALF OF WHICH TO BE PAID AT THE TIME OF DISCHARGE FROM ACTIVE SERVICE AND THE REMAINING AMOUNT TO BE PAID ONE MONTH LATER.

A COPY OF YOUR SERVICE RECORD SUPPLIED TO US BY THE DEPARTMENT OF THE ARMY DOES NOT INDICATE THAT ANY OF YOUR SERVICE WAS PERFORMED OUTSIDE THE PHILIPPINE ISLANDS. FURTHER, YOUR RECORD SHOWS THAT YOU WERE CREDITED WITH $100 IN MUSTERING-OUT PAY, $50 OF WHICH WAS PAID TO YOU AT THE TIME OF YOUR DISCHARGE. THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE REMAINING $50 WAS NOT PAID TO YOU IN ACCORDANCE WITH THE REGULAR PROCEDURE.

HOWEVER THAT MAY BE, ALL CLAIMS FOR MUSTERING-OUT PAY UNDER THOSE PROVISIONS OF LAW AND REGULATIONS ARE SUBJECT TO THE BAR IMPOSED BY THE 1940 ACT. SINCE YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE MORE THAN 10 YEARS AFTER THE DATE OF YOUR DISCHARGE ON MARCH 23, 1949, THERE IS NO ACTION THIS OFFICE MAY LEGALLY TAKE ON THE MATTER.