B-128860, DEC. 13, 1968

B-128860, DEC. 13, 1968

TO MR. CIRIACO E. SANCHEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JULY 6 AND 10, 1968, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR QUARTERS AND SUBSISTENCE (RATIONS) ALLOWANCES, MUSTERING-OUT PAY, AND ADDITIONAL TERMINAL LEAVE PAY BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS DURING WORLD WAR II.

THE RECORD SHOWS THAT CLAIM FOR QUARTERS AND SUBSISTENCE (RATIONS) ALLOWANCES UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9206, DATED JULY 27, 1942, WAS INITIALLY PRESENTED BY YOU IN A LETTER DATED OCTOBER 19, 1967, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. THAT LETTER WAS RECEIVED IN THIS OFFICE APRIL 1, 1968.

SINCE A PERIOD OF MORE THAN 10 YEARS HAD ELAPSED FROM THE DATE YOU LAST SERVED ON ACTIVE DUTY, AND FROM SEPTEMBER 17, 1952 (DATE DETERMINATION WAS MADE IN YOUR CASE BY THE DEPARTMENT OF THE ARMY UNDER SECTION 2 OF THE MISSING PERSONS ACT OF 1942, AS AMENDED, 50 U.S.C. APP. 1001-1011 (1946 ED.) (, AND THE DATE SUCH LETTER WAS RECEIVED HERE, OUR CLAIMS DIVISION RETURNED THE CLAIM TO YOU BY LETTER DATED APRIL 17, 1968, WITH A COPY OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT BARS ANY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE (WITH CERTAIN EXCEPTIONS NOT MATERIAL HERE) WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

THE RECORD FURTHER SHOWS THAT CLAIM FOR MUSTERING-OUT PAY UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, CH. 9, 58 STAT. 8, 38 U.S.C. 691-691G (1952 ED.), AND FOR TERMINAL LEAVE PAY IN ADDITION TO THE AMOUNT OF $0.60 WHICH YOU SAY WAS PREVIOUSLY PAID TO YOU BY THE DEPARTMENT OF THE ARMY WAS PRESENTED BY YOU IN SEPARATE LETTERS DATED MARCH 27, 1968, ALSO ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. IN RESPONSE TO THOSE LETTERS, OUR CLAIMS DIVISION FURNISHED YOU WITH A COPY OF OUR DECISION OF OCTOBER 3, 1956, B- 128860. WE ADVISED YOU IN THAT DECISION THAT -

"CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY YOU ARE ADVISED THAT SECTION 11 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, IN EFFECT DURING THE PERIOD DECEMBER 9, 1941, THROUGH JULY 22, 1945, THE DATE YOU WERE CONSIDERED TO BE IN AN INACTIVE STATUS, PROVIDED THAT THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS SHOULD BE FIXED BY THE SECRETARY OF WAR. NO AUTHORIZATION EXISTED FOR THE PAYMENT OF MUSTERING-OUT PAY TO PHILIPPINE SCOUTS WHO ENLISTED PRIOR TO OCTOBER 6, 1945. ACCORDINGLY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR MUSTERING-OUT PAY.'

IT MUST BE AGAIN POINTED OUT THAT SINCE YOU ENLISTED IN THE PHILIPPINE SCOUTS ON DECEMBER 9, 1941, A DATE PRIOR TO OCTOBER 6, 1945, YOU WERE NOT ELIGIBLE TO RECEIVE MUSTERING-OUT PAY, IRRESPECTIVE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

WE ALSO ADVISED YOU IN THE DECISION OF OCTOBER 3, 1956, THAT ON SEPTEMBER 17, 1952, THE DEPARTMENT OF THE ARMY DETERMINED THAT YOU WERE ENTITLED TO PAY FOR THE PERIOD DECEMBER 9, 1941, TO JUNE 12, 1942, BUT THAT YOU WERE NOT IN A CASUALTY STATUS FROM JUNE 13, 1942, THROUGH FEBRUARY 10, 1945. YOU WERE FURTHER ADVISED THAT SUCH DETERMINATION AS TO YOUR STATUS DURING THE PERIOD DECEMBER 9, 1941, THROUGH FEBRUARY 10, 1945, WAS MADE PURSUANT TO THE MISSING PERSONS ACT OF 1942, AS AMENDED, WHICH AUTHORIZED THE SECRETARY OF THE ARMY OR HIS DESIGNEE TO MAKE DETERMINATIONS AS TO YOUR MILITARY STATUS AND YOUR RIGHT TO PAY AND ALLOWANCES DURING SUCH PERIOD, AND THAT SUCH DETERMINATIONS ARE FINAL AND CONCLUSIVE.

BASED ON THE DETERMINATION MADE BY THE DEPARTMENT OF THE ARMY ON SEPTEMBER 17, 1952, OUR CLAIMS DIVISION ALLOWED TO YOU ON OCTOBER 11, 1956, THE SUM OF $55.20, REPRESENTING ARREARS OF PAY FOR THE PERIOD DECEMBER 9, 1941, TO JUNE 12, 1942. IN OUR DECISIONS OF DECEMBER 4, 1957, AND FEBRUARY 26, 1958, B-128860, COPIES ENCLOSED, WE EXPLAINED THAT WE COULD NOT ALLOW YOUR CLAIM FOR PAY FOR THE PERIOD FROM FEBRUARY 11 TO JULY 21, 1945, FOR THE REASON THAT YOUR CLAIM FOR THIS PERIOD IS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

SINCE THE DEPARTMENT OF THE ARMY DID NOT CREDIT YOUR ACCOUNT WITH QUARTERS AND SUBSISTENCE (RATIONS) ALLOWANCES IN ITS DETERMINATION OF SEPTEMBER 17, 1952, AND SINCE SUCH ADMINISTRATIVE DETERMINATION UNDER THE MISSING PERSONS ACT OF 1942, AS AMENDED, IS FINAL AND CONCLUSIVE, THERE IS NO AUTHORITY FOR PAYMENT OF SUCH ALLOWANCES FOR THE PERIOD COVERED BY THAT DETERMINATION.

CONCERNING THAT PORTION OF YOUR CLAIM RELATING TO ADDITIONAL TERMINAL LEAVE PAY, IT APPEARS THAT YOU ARE QUESTIONING THE PAYMENT OF $0.60 HERETOFORE PAID TO YOU BY THE DEPARTMENT OF THE ARMY FOR THE PERIOD DECEMBER 9, 1941, THROUGH THE TIME YOU REPORTED TO MILITARY CONTROL. THIS CONNECTION, YOU SAY THAT ALL FORMER PHILIPPINE SCOUTS WERE ALLOTTED 120 DAYS OF UNUSED LEAVE TO THEIR ACCOUNTS AND WERE PAID FOR SUCH LEAVE. WE ARE UNAWARE OF ANY PROVISION OF LAW OR REGULATION WHICH PERMITTED THE CREDITING OF 120 DAYS OF LEAVE AND PAYMENT THEREFOR IF UNUSED UNLESS SUCH LEAVE WAS ACTUALLY EARNED ON THE BASIS OF THE MEMBER'S ACTIVE SERVICE.

THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 963, AS AMENDED, PROVIDED IN THE CASE OF MEMBERS WHO SERVED DURING WORLD WAR II, AND WHOSE ACTIVE SERVICE TERMINATED BEFORE ENACTMENT OF THAT ACT, FOR COMPENSATING SUCH MEMBERS FOR THE UNUSED LEAVE THAT WOULD HAVE ACCRUED INCIDENT TO THEIR ACTIVE SERVICE. SECTION 4 OF THE ACT AUTHORIZED THE SECRETARY CONCERNED TO DETERMINE THE NUMBER OF DAYS FOR WHICH THE MEMBER WAS ENTITLED TO BE COMPENSATED AND HIS DETERMINATION WAS FINAL AND CONCLUSIVE. SUCH PROVISIONS OF LAW HAVE NOW BEEN REPEALED. THUS, THERE IS NO BASIS FOR US TO QUESTION THE LEAVE PAYMENT YOU RECEIVED AND NO FURTHER PAYMENT IS AUTHORIZED.

IN VIEW OF THE ABOVE, NO ADDITIONAL AMOUNT IS DUE YOU ON YOUR CLAIM AND, ACCORDINGLY, NO FURTHER ACTION WILL BE TAKEN IN THE MATTER.