B-125230, SEP. 13, 1955
Highlights
YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS DETERMINED BY THE ADMINISTRATIVE OFFICE THAT THE EMPLOYMENT OF SIMEON C. THE ONLY AUTHORITY UNDER WHICH CLAIMS SUCH AS PRESENTED BY YOU COULD BE ALLOWED IS THE ACT OF MARCH 7. IS AUTHORIZED TO SETTLE THE ACCOUNTS OF PERSONS FOR WHOSE ACCOUNT PAYMENTS HAVE BEEN MADE PURSUANT TO THE PROVISIONS OF SECTIONS 2 TO 7. IT IS APPARENT FROM THE ABOVE-QUOTED PROVISIONS THAT "THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED. SINCE A DETERMINATION WAS MADE BY THE ADMINISTRATIVE OFFICE THAT THERE IS NO AMOUNT DUE THE ESTATE OF SIMEON C.
B-125230, SEP. 13, 1955
TO MR. DIONISIO ROMANEZ:
YOUR LETTER OF JUNE 27, 1955, REQUESTS RECONSIDERATION OF SETTLEMENT OF OUR OFFICE DATED MAY 23, 1955, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE THE ESTATE OF SIMEON C. ENRIQUEZ, DECEASED, FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED.
YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS DETERMINED BY THE ADMINISTRATIVE OFFICE THAT THE EMPLOYMENT OF SIMEON C. ENRIQUEZ DID NOT MEET THE REQUIREMENTS NECESSARY TO BRING HIM WITHIN THE TERMS OF THE MISSING PERSONS ACT, PUBLIC LAW 490, 56 STAT. 143, AS AMENDED.
THE ONLY AUTHORITY UNDER WHICH CLAIMS SUCH AS PRESENTED BY YOU COULD BE ALLOWED IS THE ACT OF MARCH 7, 1942, ABOVE MENTIONED, SECTIONS 9 AND 11 (56 STAT. 145, 146) OF WHICH PROVIDES:
"SEC. 9. WITHIN THE SCOPE OF THE AUTHORITY GRANTED BY THIS ACT, THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE, OF THE STATUS OF A PERSON IN THE MILITARY OR NAVAL FORCES, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, OR CIVILIAN OFFICERS OR EMPLOYEES AS DEFINED IN PARAGRAPH (A) (3) OF SECTION 1 OF THIS ACT, OR HIS DIRECTION RELATIVE TO CONTINUANCE, TEMPORARY SUSPENSION, OR RESUMPTION OF PAYMENT OF PAY AND ALLOWANCES, OR FINDING OF DEATH, SHALL BE CONCLUSIVE.
"SEC. 11. THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH PERSON AS HE MAY DESIGNATE, IS AUTHORIZED TO SETTLE THE ACCOUNTS OF PERSONS FOR WHOSE ACCOUNT PAYMENTS HAVE BEEN MADE PURSUANT TO THE PROVISIONS OF SECTIONS 2 TO 7, BOTH INCLUSIVE, OF THIS ACT, AND THE ACCOUNTS OF SURVIVORS OF CASUALTIES TO SHIPS, STATIONS AND MILITARY INSTALLATIONS WHICH RESULT IN LOSS OR DESTRUCTION OF DISBURSING RECORDS, AND SUCH SETTLEMENTS SHALL BE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT IN EFFECTING SETTLEMENTS OF THE ACCOUNTS OF DISBURSING OFFICERS.'
IT IS APPARENT FROM THE ABOVE-QUOTED PROVISIONS THAT "THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE" SHALL BE CONCLUSIVE. ACCORDINGLY, SINCE A DETERMINATION WAS MADE BY THE ADMINISTRATIVE OFFICE THAT THERE IS NO AMOUNT DUE THE ESTATE OF SIMEON C. ENRIQUEZ UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, THE ACTION TAKEN IN SETTLEMENT OF MAY 23, 1955, MUST BE SUSTAINED.