B-164787, JUN. 30, 1970
Highlights
THERE IS NOTHING BEFORE US TO INDICATE THE REASON WHY YOUR LETTER OF NOVEMBER 2. WAS RECEIVED AT THIS LATE DATE. YOU STATED THAT YOU WERE FORWARDING AN "ADOPTION PAPER" WHICH YOU BELIEVED WOULD JUSTIFY THE "RELEASE OF ALL BENEFITS UNCLAIMED" BY YOU AS FOSTER FATHER WHO ACTED AS A "LOCO PARENT" TO ESMAEL B. WHICH WAS IN REPLY TO YOUR LETTER OF AUGUST 18. AS INFERRING THAT THERE WERE "SOME BENEFITS UNCLAIMED AND UNSETTLED FOR AND IN BEHALF" OF THE ESTATES OF THE ABOVE-NAMED DECEDENTS. WHEN IT WAS RECEIVED. A COPY OF WHICH IS ENCLOSED. IT WAS EXPLAINED IN THAT DECISION THAT "PRISONER OF WAR" PAY IS NOT PAYABLE UNLESS. SUBSISTENCE AND QUARTERS ALLOWANCES ARE NOT PAYABLE. IT BEING ASSUMED THAT THE MEMBERS WERE BEING FURNISHED QUARTERS AND SUBSISTENCE IN KIND TO THE EXTENT THAT THEN EXISTING CONDITIONS PERMITTED.
B-164787, JUN. 30, 1970
TO MR. MIGUEL B. BALLOALLO:
ON JUNE 15, 1970, WE RECEIVED YOUR LETTER DATED NOVEMBER 2, 1968, CONCERNING YOUR CLAIM AS FOSTER FATHER FOR ADDITIONAL AMOUNTS REPRESENTING PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO THE SERVICE DURING WORLD WAR II OF ESMAEL B. BALLOALLO AND MANUEL BALLOALLO, LATE PHILIPPINE SCOUTS, WHOSE DEATHS OCCURRED ON JUNE 15, 1942, AND MAY 26, 1942, RESPECTIVELY.
WHILE THE RECORD SHOWS THE RECEIPT ON FEBRUARY 4, 1969, OF YOUR SUBSEQUENT LETTER DATED JANUARY 28, 1969, THERE IS NOTHING BEFORE US TO INDICATE THE REASON WHY YOUR LETTER OF NOVEMBER 2, 1968, WAS RECEIVED AT THIS LATE DATE.
IN YOUR LETTER OF NOVEMBER 2, 1968, YOU STATED THAT YOU WERE FORWARDING AN "ADOPTION PAPER" WHICH YOU BELIEVED WOULD JUSTIFY THE "RELEASE OF ALL BENEFITS UNCLAIMED" BY YOU AS FOSTER FATHER WHO ACTED AS A "LOCO PARENT" TO ESMAEL B. AND MANUEL BALLOALLO PRIOR TO THEIR DEATHS. APPARENTLY YOU CONSTRUED OUR DECISION OF OCTOBER 7, 1968, B-164787, WHICH WAS IN REPLY TO YOUR LETTER OF AUGUST 18, 1968, AS INFERRING THAT THERE WERE "SOME BENEFITS UNCLAIMED AND UNSETTLED FOR AND IN BEHALF" OF THE ESTATES OF THE ABOVE-NAMED DECEDENTS. THE "ADOPTION PAPER" YOU MENTIONED, HOWEVER, DID NOT ACCOMPANY YOUR LETTER OF NOVEMBER 2, 1968, WHEN IT WAS RECEIVED.
OUR DECISION OF OCTOBER 7, 1968, A COPY OF WHICH IS ENCLOSED, MADE NO MENTION OF ANY BENEFITS AS BEING DUE THE ESTATES OF THE DECEASED MEMBERS. IT WAS EXPLAINED IN THAT DECISION THAT "PRISONER OF WAR" PAY IS NOT PAYABLE UNLESS, IN ACCORDANCE WITH THE GOVERNING LAW (SECTION 6 OF THE ACT OF JULY 3, 1948, CH. 826, 62 STAT. 1244, AS AMENDED, 50 U.S.C. APP. 2005), A CLAIM FOR SUCH PAY HAD BEEN FILED NOT LATER THAN AUGUST 21, 1955, AND THAT, IN THE ABSENCE OF APPROPRIATE ORDERS, SUBSISTENCE AND QUARTERS ALLOWANCES ARE NOT PAYABLE--IT BEING ASSUMED THAT THE MEMBERS WERE BEING FURNISHED QUARTERS AND SUBSISTENCE IN KIND TO THE EXTENT THAT THEN EXISTING CONDITIONS PERMITTED.
ALSO, IN THAT DECISION YOU WERE ADVISED TO DIRECT ANY QUESTION TO THE JUDGE ADVOCATE GENERAL, ARMED FORCES OF THE PHILIPPINES, MANILA, REPUBLIC OF THE PHILIPPINES, REGARDING PAYMENTS OF BASIC PAY AND AUTHORIZED ALLOWANCES DETERMINED TO BE DUE THE ESTATES OF THE DECEASED MEMBERS BY THE DEPARTMENT OF THE ARMY PURSUANT TO THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001, ET SEQ; AND ALLOWED BY SETTLEMENTS OF THIS OFFICE.
IN YOUR LETTER OF JANUARY 28, 1969, MENTIONED ABOVE, YOU ACKNOWLEDGED RECEIPT OF OUR DECISION OF OCTOBER 7, 1968, AND INQUIRED AS TO WHETHER THERE WERE "NEW BENEFITS" DUE THE ESTATES OF THE DECEASED MEMBERS. REPLY, WE ADVISED YOU IN OUR LETTER OF MARCH 28, 1969, A COPY OF WHICH IS ALSO ENCLOSED, THAT WE WERE UNAWARE OF ANY LAW PROVIDING SUCH NEW BENEFITS. WE FURTHER ADVISED YOU THAT THIS OFFICE IS NOT AUTHORIZED TO CHANGE OR MODIFY THE SETTLEMENTS MADE BY THE DEPARTMENT OF THE ARMY UNDER THE MISSING PERSONS ACT, SUPRA.
SINCE NO ADDITIONAL AMOUNTS ARE DUE THE ESTATES OF THE DECEASED MEMBERS INCIDENT TO THEIR SERVICE IN THE PHILIPPINE SCOUTS, FURTHER CORRESPONDENCE IN THE MATTER WILL SERVE NO USEFUL PURPOSE.