B-138913, MAY 25, 1964
Highlights
REPRESENTING THE DIFFERENCE BETWEEN PAY AT THE RATE FOR UNITED STATES CITIZENS AND PAY AT THE RATE FOR NONCITIZENS WHILE YOU WERE EMPLOYED BY THE AMERICAN BATTLE MONUMENTS COMMISSION IN MANILA. YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 31. THE AMERICAN BATTLE MONUMENTS COMMISSION REPORTED TO US THAT THE POSITION TO WHICH YOU WERE ORIGINALLY APPOINTED WAS SET UP FOR EMPLOYMENT OF INDIVIDUALS WHO WERE NOT CITIZENS OF THE UNITED STATES WITH COMPENSATION TO BE PAID AT LOCAL WAGE RATES. THAT YOU ACCEPTED THAT POSITION AS OFFERED AND DID NOT CLAIM CLASSIFICATION ACT COMPENSATION ON THE BASIS OF YOUR UNITED STATES CITIZENSHIP UNTIL SOME YEARS AFTER YOU WERE SO EMPLOYED.
B-138913, MAY 25, 1964
TO MR. MIGUEL JAGONASI:
WE REFER TO THE LETTER OF MARCH 24, 1964, SIGNED BY YOU AND 3 OTHER CLAIMANTS WHEREIN YOU REQUEST THAT WE RECONSIDER OUR PRIOR ACTION IN DENYING YOU ADDITIONAL COMPENSATION FOR THE PERIOD PRIOR TO APRIL 1, 1959, REPRESENTING THE DIFFERENCE BETWEEN PAY AT THE RATE FOR UNITED STATES CITIZENS AND PAY AT THE RATE FOR NONCITIZENS WHILE YOU WERE EMPLOYED BY THE AMERICAN BATTLE MONUMENTS COMMISSION IN MANILA, PHILIPPINES. YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 31, 1959.
THE AMERICAN BATTLE MONUMENTS COMMISSION REPORTED TO US THAT THE POSITION TO WHICH YOU WERE ORIGINALLY APPOINTED WAS SET UP FOR EMPLOYMENT OF INDIVIDUALS WHO WERE NOT CITIZENS OF THE UNITED STATES WITH COMPENSATION TO BE PAID AT LOCAL WAGE RATES, AND THAT YOU ACCEPTED THAT POSITION AS OFFERED AND DID NOT CLAIM CLASSIFICATION ACT COMPENSATION ON THE BASIS OF YOUR UNITED STATES CITIZENSHIP UNTIL SOME YEARS AFTER YOU WERE SO EMPLOYED. THE COMMISSION ALSO REPORTED TO US THAT THEY WERE NOT AWARE OF YOUR CITIZENSHIP STATUS UNTIL YOU FILED CLAIM FOR THE ADDITIONAL COMPENSATION IN 1958, AND THAT THEY TERMINATED YOUR APPOINTMENT WHEN THEY DID LEARN OF SUCH STATUS BECAUSE THEY DID NOT HAVE FUNDS TO PAY YOU AT THE HIGHER RATE OF COMPENSATION. YOU WERE LATER REINSTATED AT THE DIRECTION OF THE CIVIL SERVICE COMMISSION.
YOU ENCLOSED WITH YOUR REQUEST FOR RECONSIDERATION A COPY OF AN EMPLOYMENT FORM IN WHICH YOU INDICATED THAT YOU WERE A NATURALIZED CITIZEN OF THE UNITED STATES AS PROOF THAT THE AMERICAN BATTLE MONUMENTS COMMISSION WAS AWARE OF YOUR CITIZENSHIP WHEN YOU WERE APPOINTED. THAT FORM APPEARS TO HAVE BEEN SIGNED BY YOU ON MAY 14, 1962, AND, THEREFORE, IS OF NO VALUE AS PROOF THAT YOU INFORMED THE COMMISSION OF YOUR CITIZENSHIP AT THE TIME YOU WERE EMPLOYED.
AS INDICATED IN OUR DECISION OF JANUARY 28, 1963, TO MR. MANUEL ARNEDO, THE AMERICAN BATTLE MONUMENTS COMMISSION WAS NOT AWARE THAT YOU WERE A UNITED STATES CITIZEN AT THE TIME YOU WERE EMPLOYED OR UNTIL JUST BEFORE YOU WERE SEPARATED ON JULY 30, 1958; ALSO, THAT SINCE YOU FAILED TO DISCLOSE YOUR AMERICAN CITIZENSHIP AT THE TIME OF YOUR EMPLOYMENT WHEN YOU KNEW THAT PHILIPPINE CITIZENSHIP WAS ONE OF THE CONDITIONS OF EMPLOYMENT THERE WAS NO AUTHORITY TO PAY YOU ANY RATE OTHER THAN THAT PRESCRIBED FOR PHILIPPINE CITIZENS UNTIL YOU WERE RESTORED TO DUTY AT THE RECOMMENDATION OF THE CIVIL SERVICE COMMISSION. AFTER YOUR RESTORATION TO DUTY THE AGENCY BY CONTINUING YOUR EMPLOYMENT IN EFFECT WAIVED THE REQUIREMENT THAT THE POSITION BE FILLED BY A PHILIPPINE CITIZEN AND AS A CONSEQUENCE THEREOF YOU WERE PAID THE DIFFERENCE IN COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 31, 1959.
BECAUSE OF THE FOREGOING WE MUST AGAIN CONCLUDE THAT YOU ARE NOT ENTITLED TO THE ADDITIONAL COMPENSATION YOU CLAIM.