B-131882, AUG. 1, 1957

B-131882, AUG. 1, 1957

TO MR. JOSE JANEO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED MAY 28, 1951, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENT MOTHER FOR THE PERIOD JANUARY 30, 1948, TO APRIL 28, 1949, INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS. YOU STATED IN YOUR LETTER, AMONG OTHER THINGS, THAT THE "FAMILY ALLOWANCE DIVISION" GAVE FAVORABLE CONSIDERATION TO YOUR CLAIM BUT THAT OUR OFFICE DENIED THE SAME WITHOUT GIVING YOU AN OPPORTUNITY TO EXPLAIN THE MATTER.

IT APPEARS FROM THE RECORD THAT YOU SERVED AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS FROM JUNE 18, 1946, TO APRIL 28, 1949, AND THAT YOU WERE DISCHARGED ON THE LATTER DATE IN THE GRADE OF SERGEANT, FIRST CLASS. THE RECORD INDICATES FURTHER THAT YOU MADE AN ELECTION TO RECEIVE A MONETARY ALLOWANCE IN LIEU OF QUARTERS ON BEHALF OF YOUR DEPENDENT MOTHER. PURSUANT TO THE PROVISIONS OF SECTION 6 OF PUBLIC LAW 408, APPROVED JULY 1, 1944, 58 STAT. 679, 681, AND REGULATIONS PROMULGATED PURSUANT THERETO, THE ARMY FINANCE CENTER, ST. LOUIS, MISSOURI, MADE A DETERMINATION THAT YOUR MOTHER WAS IN FACT DEPENDENT UPON YOU FOR HER CHIEF SUPPORT AS OF JANUARY 30, 1948.

SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PROVIDES, IN PART, AS FOLLOWS:

"THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY.'

IT IS PROVIDED IN PARAGRAPH 28-A, ARMY REGULATIONS NO. 35-4520, DATED DECEMBER 3, 1946, AND JANUARY 28, 1949, IN EFFECT DURING THE PERIOD OF YOUR CLAIM THAT EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE IN THE PHILIPPINE SCOUTS WHO IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS, AND WHO HAS A DEPENDENT, AS DEFINED IN PARAGRAPH 14 OF THE SAID REGULATIONS, SHALL BE ENTITLED TO RECEIVE FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR SUCH DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS PRESCRIBED IN PARAGRAPH 12 OF THE SAME REGULATIONS FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS IN A NONTRAVEL STATUS. THE SAID PARAGRAPH 12, INSOFAR AS HERE PERTINENT, PROVIDES AS FOLLOWS:

"B. RATES.--- EFFECTIVE 1 JUNE 1946, SUBJECT TO THE SAME RESTRICTIONS APPLYING IN CASES OF ENLISTED MEN OF THE REGULAR ARMY, ALLOWANCES FOR QUARTERS AND SUBSISTENCE ARE PAYABLE TO PHILIPPINE SCOUTS IN A NONTRAVEL STATUS AT THE FOLLOWING DAILY RATES UNDER THE CONDITIONS STATED:

TABLE

QUARTERS

A. IN PHILIPPINE ISLANDS -------------- ACTUAL EXPENSES FOR LODGING

NOT TO EXCEED 65 CENTS

PER DAY. * * *"

UNDER DATE OF AUGUST 29, 1950, THE ARMY FINANCE CENTER FORWARDED YOUR CLAIM HERE FOR DIRECT SETTLEMENT, THAT OFFICE NOT BEING AUTHORIZED TO DEVELOP CLAIMS INVOLVING INCREASED ALLOWANCES FOR DEPENDENT MOTHERS OR FATHERS. BY LETTER OF NOVEMBER 8, 1950, OUR CLAIMS DIVISION REQUESTED YOU TO FURNISH CERTIFIED COPIES OF ALL RECEIPTS FOR AMOUNTS EXPENDED FOR QUARTERS FOR YOUR DEPENDENT MOTHER DURING THE PERIOD OF YOUR CLAIM OR, IN LIEU THEREOF, AN AFFIDAVIT SHOWING THE ACTUAL EXPENDITURES FOR SUCH QUARTERS. WITH YOUR LETTER OF DECEMBER 24, 1950, YOU TRANSMITTED AN AFFIDAVIT EXECUTED BY YOUR MOTHER UNDER DATE OF DECEMBER 29, 1950, IN WHICH WERE SET FORTH ONLY AMOUNTS REPORTED TO HAVE BEEN EXPENDED FOR SUBSISTENCE, WATER, LIGHT AND CLOTHING, THERE BEING NO SHOWING THAT ANY AMOUNT WAS ACTUALLY EXPENDED FOR LODGING. WHILE THE DEPARTMENT OF THE ARMY FORWARDED WITH YOUR CLAIM A DETERMINATION OF DEPENDENCY CERTIFICATE DATED MARCH 21, 1949, STATING THAT IT HAD BEEN DETERMINED THAT YOUR MOTHER WAS IN FACT DEPENDENT ON YOU FOR HER CHIEF SUPPORT AS OF JANUARY 30, 1948, SUCH CERTIFICATE DOES NOT PURPORT TO ESTABLISH ANYTHING OTHER THAN HER DEPENDENCY ON YOU FOR CHIEF SUPPORT AS OF SUCH DATE. UNDER THE ABOVE REGULATIONS THE QUARTERS ALLOWANCE IS PAYABLE ON A REIMBURSEMENT BASIS AT NOT TO EXCEED 65 CENTS A DAY FOR ACTUAL EXPENSES FOR LODGING. NO EVIDENCE HAS BEEN FURNISHED THAT YOU EXPENDED ANY AMOUNT FOR YOUR MOTHER'S LODGING. ACCORDINGLY, THE ACTION TAKEN IN THE SETTLEMENT OF MAY 28, 1951, DENYING YOUR CLAIM, WAS CORRECT AND IS SUSTAINED.