B-164787, MAR. 28, 1969
Highlights
BALLOALLO: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28. WERE ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY AS ADMINISTRATOR OF THEIR ESTATES. IN THOSE DECISIONS WE FULLY EXPLAINED TO YOU WHY NO AMOUNT IS DUE FROM THE UNITED STATES ON YOUR CLAIM FOR MONETARY ALLOWANCES IN LIEU OF QUARTERS AND SUBSISTENCE. IN ADDITION TO POINTING OUT THAT CLAIM FOR THE FIRST TWO ITEMS WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. THAT NO CLAIM FOR THE THIRD ITEM IS PAYABLE UNLESS SUCH CLAIM WAS FILED NOT LATER THAN AUGUST 21. THIS OFFICE IS UNAWARE OF ANY LAW PROVIDING NEW BENEFITS WHICH MAY BE DUE THE ESTATES OF THE DECEASED MEMBERS. THE AMOUNTS ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY IN THESE CASES WERE BASED UPON SETTLEMENTS MADE UNDER THAT ACT.
B-164787, MAR. 28, 1969
TO MR. MIGUEL B. BALLOALLO:
REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28, 1969, CONCERNING YOUR CLAIM AS NEXT OF KIN FOR ADDITIONAL AMOUNTS REPRESENTING PAY AND ALLOWANCES BELIEVED TO BE DUE ESMAEL B. BALLOALLO AND MANUEL BALLOALLO, LATE PHILIPPINE SCOUTS, ON DATES OF THEIR DEATHS, JUNE 15, 1942, AND MAY 26, 1942, RESPECTIVELY.
IN DECISIONS OF AUGUST 5 AND OCTOBER 7, 1968, B-164787, WE ADVISED YOU, AMONG OTHER THINGS, OF THE SETTLEMENTS MADE BY THIS OFFICE IN 1948 IN WHICH THE ARREARS OF PAY AND ALLOWANCES DETERMINED BY THE DEPARTMENT OF THE ARMY TO BE DUE ESMAEL B. BALLOALLO AND MANUEL BALLOALLO PURSUANT TO THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET SEQ., WERE ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY AS ADMINISTRATOR OF THEIR ESTATES. ALSO, IN THOSE DECISIONS WE FULLY EXPLAINED TO YOU WHY NO AMOUNT IS DUE FROM THE UNITED STATES ON YOUR CLAIM FOR MONETARY ALLOWANCES IN LIEU OF QUARTERS AND SUBSISTENCE, MUSTERING-OUT PAY, AND ,PRISONER OF WAR" PAY, IN ADDITION TO POINTING OUT THAT CLAIM FOR THE FIRST TWO ITEMS WAS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237, AND THAT NO CLAIM FOR THE THIRD ITEM IS PAYABLE UNLESS SUCH CLAIM WAS FILED NOT LATER THAN AUGUST 21, 1955.
YOU INDICATE AGREEMENT WITH THE EXPLANATIONS IN THE DECISIONS OF AUGUST 5 AND OCTOBER 7, 1968, AND ASK US TO MAKE A CAREFUL STUDY AND THOROUGH SEARCH FOR NEW BENEFITS THAT MAY BE DUE THE DECEASED MEMBERS.
THIS OFFICE IS UNAWARE OF ANY LAW PROVIDING NEW BENEFITS WHICH MAY BE DUE THE ESTATES OF THE DECEASED MEMBERS. UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001, ET SEQ. (1946 ED.), APPLICABLE IN THESE CASES, THE DEPARTMENT OF THE ARMY HAD AUTHORITY TO CONSIDER AND SETTLE CLAIMS PRESENTED FOR PAY AND ALLOWANCES DUE FOR THE MISSING PERIOD AND AS EXPLAINED TO YOU, THE AMOUNTS ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY IN THESE CASES WERE BASED UPON SETTLEMENTS MADE UNDER THAT ACT. SINCE THE SETTLEMENTS SHOWING THE AMOUNTS DUE THE DECEDENTS COVERED ONLY BASE PAY AND LONGEVITY PAY, IT IS PRESUMED THAT A DETERMINATION WAS MADE THAT ENTITLEMENT TO ANY OTHER PAY AND ALLOWANCES DID NOT EXIST.
THE GENERAL ACCOUNTING OFFICE IS NOT AUTHORIZED TO CHANGE OR MODIFY SETTLEMENTS MADE BY THE DEPARTMENT OF THE ARMY UNDER THE MISSING PERSONS ACT BECAUSE SECTION 9 OF THAT ACT, AS AMENDED, PROVIDED THAT ADMINISTRATIVE DETERMINATIONS MADE THEREUNDER "SHALL BE CONCLUSIVE.' TRUST YOU WILL UNDERSTAND, THEREFORE, THAT THIS OFFICE IS PRECLUDED BY LAW FROM ANY FURTHER CONSIDERATION OF YOUR CLAIM.