B-164787, OCT. 7, 1968

B-164787, OCT. 7, 1968

TO MR. MIGUEL B. BALLOALLO:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 18, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM AS THE NEXT OF KIN OF THE LATE ESMAEL B. BALLOALLO AND MANUEL BALLOALLO, FOR PAY AND ALLOWANCES BELIEVED TO BE DUE THEM AT THE DATES OF THEIR DEATHS, JUNE 15, 1942, AND MAY 26, 1942, RESPECTIVELY, RESULTING FROM THEIR WORLD WAR II SERVICE AS PHILIPPINE SCOUTS.

YOU NOW CLAIM THAT YOU, AS THEIR NEXT OF KIN, SHOULD BE ENTITLED TO RECEIVE THEIR PRISONER-OF-WAR PAY AND YOU STATE THAT YOU HAVE NOT RECEIVED ANY OF THE MONEY DUE THEM FOR THEIR SERVICE. ADDITIONALLY, YOU REQUEST A FURTHER EXPLANATION AS TO WHY MONETARY ALLOWANCES IN LIEU OF QUARTERS AND SUBSISTENCE WERE NOT DUE THEM.

OUR DECISION B-164787, DATED AUGUST 5, 1968, ADVISED YOU OF THE SETTLEMENT THAT WAS MADE IN THEIR CASES AND EXPLAINED IN SOME DETAIL WHY NO ENTITLEMENT EXISTED FOR THE ALLOWANCES CLAIMED, INCLUDING SUBSISTENCE AND QUARTERS ALLOWANCES. WE THERE STATED THAT PAYMENT OF SUCH ALLOWANCES WAS NOT AUTHORIZED IN THE ABSENCE OF CONTEMPORANEOUSLY ISSUED ORDERS -- ISSUED AT OR NEAR THE BEGINNING OF THE PERIOD INVOLVED -- DIRECTING SUCH PAYMENT. THERE IS NOTHING IN THE RECORD WHICH SHOWS THAT EITHER ESMAEL OR MANUEL RECEIVED ANY SUCH ORDERS PRIOR TO THEIR CAPTURE. CONSEQUENTLY, IN THE ABSENCE OF SUCH ORDERS, IT MUST BE ASSUMED THAT THEY WERE BEING FURNISHED QUARTERS AND SUBSISTENCE IN KIND TO THE EXTENT THAT THEN EXISTING CONDITIONS PERMITTED. ALLOWANCES IN LIEU OF RATIONS AND QUARTERS IN KIND ARE IN THE NATURE OF REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED. SOLDIERS IN THE FIELD, WHETHER FIGHTING THE ENEMY OR WHILE IN A BELEAGUERED -- SURROUNDED BY THE ENEMY -- STATUS NORMALLY DO NOT INCUR SUCH EXPENSES. THEY ARE FED AND QUARTERED AT GOVERNMENT EXPENSE.

WITH RESPECT TO YOUR CLAIM FOR "PRISONER OF WAR" PAY, WE ARE UNAWARE OF ANY PROVISION OF LAW WHICH AUTHORIZED AN ITEM OF PAY DESIGNATED BY THAT NAME. IF YOU HAVE IN MIND THE PAYMENT AUTHORIZED TO BE MADE TO ANY MEMBER OF THE MILITARY OR NAVAL PERSONNEL FORCES OF THE UNITED STATES "WHO WAS HELD AS A PRISONER OF WAR FOR ANY PERIOD OF TIME SUBSEQUENT TO DECEMBER 7, 1941," UNDER SECTION 6 OF THE ACT OF JULY 3, 1948, CH. 826, 62 STAT. 1244, AS AMENDED, 50 U.S.C. APP. 2005, YOU ARE ADVISED THAT IN CASE OF DEATH OF THE SERVICEMAN ENTITLED TO SUCH BENEFITS, THEY ARE PAYABLE ONLY TO HIS WIDOW, CHILDREN, OR PARENTS. THE ONLY INFORMATION YOU HAVE FURNISHED WITH RESPECT TO YOUR RELATIONSHIP TO THE DECEASED SERVICEMAN IS YOUR STATEMENT THAT YOU ARE CLAIMING AS "NEXT-OF-KIN.' FURTHERMORE, NO CLAIM FOR BENEFITS UNDER THE 1948 ACT, AS AMENDED, IS PAYABLE UNLESS SUCH CLAIM WAS FILED NOT LATER THAN AUGUST 21, 1955.

IN THIS CONNECTION, THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET SEQ., PROVIDED FOR THE CONTINUED CREDITING OF BASIC PAY AND AUTHORIZED ALLOWANCES TO MEN WHO WERE MISSING, BELEAGUERED OR BESIEGED, OR WHO WERE INTERNED OR CAPTURED DURING WORLD WAR II. THIS CREDITING CONTINUED UNTIL SUCH TIME AS THERE WAS AN OFFICIAL TERMINATION OF STATUS BY THE SECRETARY OF THE SERVICE CONCERNED, FOLLOWING RECEIPT OF EVIDENCE THAT SUCH PERSON OR PERSONS HAD DIED.

THE SETTLEMENTS WHICH WERE MADE IN THE CASES OF ESMAEL AND MANUEL BALLOALLO BY THE DEPARTMENT OF THE ARMY UNDER THE MISSING PERSONS ACT, INCLUDED ALL PAY FOR THEIR GRADES AND YEARS OF SERVICE THAT ACCRUED TO THEM FROM THE DATES IT APPEARED THAT THEY WERE LAST PAID, DECEMBER AND NOVEMBER 1941, RESPECTIVELY, UNTIL MARCH 31, 1946, ON WHICH DATE EVIDENCE CONSIDERED SUFFICIENT TO ESTABLISH THE FACT OF THEIR DEATHS WAS RECEIVED BY THE SECRETARY OF THE ARMY.

PAYMENTS OF THE AMOUNTS FOUND DUE BY THE DEPARTMENT OF THE ARMY, WERE MADE TO THE ADJUTANT GENERAL OF THE PHILIPPINE ARMY. AUTHORITY FOR THESE PAYMENTS IS CONTAINED IN PHILIPPINE REPUBLIC ACT NO. 136, APPROVED JUNE 14, 1947, AS AMENDED BY REPUBLIC ACT NO. 209, APPROVED JUNE 1, 1948, WHICH ACTS ESTABLISHED THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY AS ADMINISTRATOR IN ALL CASES INVOLVING DECEASED MILITARY PERSONNEL WHO WERE PHILIPPINE CITIZENS, WITH PAYMENT TO THE PROPER HEIRS BEING WITHIN THE EXCLUSIVE JURISDICTION OF SAID ADMINISTRATOR. CONSEQUENTLY, ANY QUESTION YOU MAY HAVE RELATIVE TO YOUR ENTITLEMENT TO ANY OF THE SUMS ALREADY PAID IN THEIR CASES SHOULD BE DIRECTED TO:

JUDGE ADVOCATE GENERAL

ARMED FORCES OF THE PHILIPPINES

MANILA

REPUBLIC OF THE PHILIPPINES

ACCORDINGLY, YOUR LETTER FURNISHES NO BASIS FOR ANY CHANGE IN THE ACTION HERETOFORE TAKEN IN THIS CASE.