B-168483, JAN. 2, 1970

B-168483, JAN. 2, 1970

MILITARY--MUSTERING-OUT PAY--WORLD WAR II SERVICE DECISION DENYING CLAIM FOR EQUALIZATION OF BASE PAY AND MUSTERING OUT PAY INCIDENT TO SERVICE FROM AUGUST 25, 1941 TO MAY 31, 1946. SINCE CLAIM WAS NOT RECEIVED UNTIL OCTOBER 21, 1968, ACT OF OCTOBER 9, 1940, BARS CONSIDERATION. ALSO NOTHING IN RECORD INDICATES ENLISTMENT IN PHILIPPINE SCOUTS UNDER 1945 ACT.

TO MR. PABLO D. SIROY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 27, 1969, CONCERNING YOUR CLAIM FOR EQUALIZATION OF BASE PAY AND MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE USAFFE DURING THE PERIOD FROM AUGUST 25, 1941, TO MAY 31, 1946.

YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON OCTOBER 21, 1968, AND BY LETTERS DATED NOVEMBER 25, 1968, AND MAY 1, 1969, OUR CLAIMS DIVISION ADVISED YOU THAT WE ARE WITHOUT AUTHORITY TO CONSIDER SUCH CLAIM SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, FOREVER BANS ANY CLAIM AGAINST THE UNITED STATES WHICH IS NOT RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOU WERE ALSO ADVISED THAT ALTHOUGH SEVERAL EQUALIZATION PAY BILLS HAVE BEEN INTRODUCED IN THE UNITED STATES CONGRESS AT VARIOUS TIMES NONE HAS BEEN ENACTED INTO LAW TO DATE.

IT IS NOTED THAT YOU CITED "ACT NO. 263-88 CONGRESS DATED JANUARY 9, 1963 AND APPROVED ON SEPTEMBER 30, 1965" AS AUTHORIZING PAYMENT OF MUSTERING- OUT PAY IN THE AMOUNT OF $3,600. WE CANNOT IDENTIFY THE LAW TO WHICH YOU REFER. PUBLIC LAW 88-263 WAS APPROVED JANUARY 31, 1964 (78 STAT. 7). PUBLIC LAWS WERE ENACTED DURING THE FIRST SESSION OF THE 88TH CONGRESS PRIOR TO MARCH 6, 1963. NEITHER OF THE THREE ACTS APPROVED ON SEPTEMBER 30, 1965, DURING THE FIRST SESSION OF THE 89TH CONGRESS NOR PUBLIC LAW 88- 263 REFERRED TO MUSTERING-OUT PAY.

YOU ALSO CITED CERTAIN REGULATIONS (APPARENTLY YOU REFER TO PARAGRAPHS 313-322, T.M. 14-502, AUGUST 1946) WHICH YOU BELIEVE ENTITLE YOU TO MUSTERING-OUT PAY IN THE AMOUNT OF $3,600. PARAGRAPH 314A (2) OF SUCH REGULATIONS STATED THAT EFFECTIVE MAY 27, 1946, PHILIPPINE SCOUTS ENLISTED UNDER THE PROVISIONS OF SECTION 14 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, CH. 393, 59 STAT. 543, WERE ENTITLED TO MUSTERING-OUT PAYMENTS. HOWEVER, THERE IS NOTHING IN THE RECORDS BEFORE THIS OFFICE WHICH INDICATES THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS UNDER THE 1945 ACT AND IT HAS NO BEARING ON YOUR CASE.

ANY MUSTERING-OUT PAY TO WHICH YOU MAY HAVE BEEN ENTITLED ACCRUED TO YOU BY VIRTUE OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), SECTION 2 (A) (1) OF WHICH PROVIDED FOR PAYMENT OF A MAXIMUM OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. CONNECTION WITH THAT ACT, TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS OF THE MUSTERING-OUT PAYMENT ACT OF 1944 SHOULD BE DEEMED APPLICABLE TO PERSONS WHO SERVED IN THE PHILIPPINE SCOUTS UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, AND THAT PAYMENTS MADE UNDER THE 1944 ACT SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY SUCH LAW. IN OTHER WORDS, UNDER THE PROVISIONS OF THE LAWS CITED ABOVE, THE MAXIMUM AMOUNT THAT COULD BE PAID TO A PHILIPPINE SCOUT AS MUSTERING-OUT PAY UPON DISCHARGE WAS 300 PESOS.

CLAIMS FOR MUSTERING-OUT PAY AND ANY OTHER CLAIMS FOR ADDITIONAL PAY INCIDENT TO YOUR MILITARY SERVICE ARE SUBJECT TO THE TIME LIMITATION IMPOSED BY THE ACT OF OCTOBER 9, 1940, WHICH BARS EVERY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOU STATE YOU WERE DISCHARGED ON MAY 31, 1946, IT WAS NECESSARY THAT ANY CLAIM ARISING OUT OF YOUR MILITARY SERVICE BE RECEIVED IN THIS OFFICE ON OR BEFORE MAY 31, 1956, IN ORDER TO BE CONSIDERED BY THIS OFFICE. YOUR CLAIM WAS NOT RECEIVED HERE UNTIL OCTOBER 21, 1968, MORE THAN 22 YEARS AFTER THE DATE OF YOUR DISCHARGE.

THE PRIMARY PURPOSE OF THE ACT OF OCTOBER 9, 1940, IS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS. NO MATTER HOW MERITORIOUS A CLAIM MAY BE THIS OFFICE MAY MAKE NO EXCEPTION TO THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. SINCE YOUR CLAIM FOR AN ADDITIONAL AMOUNT IN CONNECTION WITH YOUR MILITARY SERVICE ACCRUED NO LATER THAN THE DATE OF YOUR DISCHARGE AND SINCE SUCH CLAIM WAS NOT RECEIVED HERE UNTIL AFTER THE EXPIRATION OF 10 YEARS FOLLOWING THAT DATE, CONSIDERATION THEREOF IS NOT AUTHORIZED.

ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN IN THE MATTER IS SUSTAINED.

IN REGARD TO "EQUALIZATION OF BASE PAY" YOU ARE ADVISED THAT UNLESS AND UNTIL AUTHORIZED BY THE CONGRESS OF THE UNITED STATES NO PAYMENT OF SUCH PAY MAY BE MADE. THREE BILLS, H.R. 2723, H.R. 5859 AND H.R. 12723, WHICH WOULD AUTHORIZE PAY AND BENEFITS FOR MEMBERS AND SURVIVORS OF MEMBERS OF THE PHILIPPINE SCOUTS ON THE SAME BASIS AS SUCH PAY AND BENEFITS WERE AUTHORIZED FOR OTHER MEMBERS OF THE ARMED FORCES AND THEIR SURVIVORS DURING THE PERIOD THERE STATED, HAVE BEEN INTRODUCED IN THE FIRST SESSION OF THE 91ST CONGRESS. HOWEVER, NO ACTION HAS BEEN TAKEN ON ANY OF THE BILLS.

IN YOUR LETTER DATED OCTOBER 27, 1969, YOU CITED THE ACT OF SEPTEMBER 30, 1966, PUBLIC LAW 89-612, 80 STAT. 859; THE ACT OF SEPTEMBER 30, 1966, PUBLIC LAW 89-613, 80 STAT. 861, AND THE ACT OF OCTOBER 11, 1966, PUBLIC LAW 89-641, 80 STAT. 884, AS BEING APPLICABLE IN YOUR CASE. THE LAWS CITED RELATE TO PROGRAMS ADMINISTERED EXCLUSIVELY BY THE VETERANS ADMINISTRATION AND THIS OFFICE MAY NOT CONSIDER MATTERS RELATING THERETO. ANY INQUIRIES YOU MAY HAVE IN THAT REGARD SHOULD BE DIRECTED TO:

VETERANS BENEFITS OFFICE

VARO

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